AUF15 v Minister for Immigration and Border Protection [2016] FCA 115
The application for an extension of time was dismissed because the applicant failed to provide any acceptable reason for the delay, and the proposed appeal lacked merit as there was no error in the primary judge's findings regarding jurisdictional error or alleged denial of procedural fairness.
- Jurisdiction
- Australia
- Judgment Date
- 19 February 2016
- Procedural Posture
- Extension of Time to Appeal Application / Judgment on Extension of Time Application
- Outcome
- Application for extension of time to appeal dismissed; costs ordered against applicant.
- Legal Topics
- ['extension of Time to Appeal' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Extension of Time to Appeal Application / Judgment on Extension of Time Application
Legal Issues
- 1 ["Whether the applicant should be granted an extension of time to file a notice of appeal from the Federal Circuit Court's judgment" 'Whether delay in filing is excusable' 'Whether the proposed grounds of appeal have merit']
Ratio Decidendi
The application for an extension of time was dismissed because the applicant failed to provide any acceptable reason for the delay, and the proposed appeal lacked merit as there was no error in the primary judge's findings regarding jurisdictional error or alleged denial of procedural fairness.
Court Disposition
Application for extension of time to appeal dismissed; costs ordered against applicant.
Orders
- ['The application for an extension of time to appeal be dismissed.' "The applicant pay the first respondent's costs."]
Full Case Text
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