AXO15 v Minister for Immigration and Border Protection [2018] FCA 1195

AXO15 v Minister for Immigration and Border Protection [2018] FCA 1195

The applicant failed to satisfactorily explain the six-and-a-half-month delay and proposed no grounds of appeal with any merit; the application was therefore dismissed as manifestly hopeless and incapable of justifying an extension of time or leave to appeal.

Parties
Applicant: AXO15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time to Appeal, Judicial Review, Evidentiary Issues, Tribunal Decision
Administrative Law Immigration Law Extension of Time to Appeal Judicial Review Evidentiary Issues Tribunal Decision

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

AXO15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether there is sufficient reason to grant an extension of time to appeal the Federal Circuit Court's dismissal of the applicant's judicial review application
  2. 2 Whether any of the proposed grounds of appeal disclose an arguable error by the Tribunal or trial judge

Ratio Decidendi

The applicant failed to satisfactorily explain the six-and-a-half-month delay and proposed no grounds of appeal with any merit; the application was therefore dismissed as manifestly hopeless and incapable of justifying an extension of time or leave to appeal.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the first respondent's costs.