AYG15 v Minister for Immigration and Border Protection [2017] FCA 1408
The applicant failed to identify any error on the part of the primary judge and provided no viable grounds for appeal; prospects of success in appeal are insufficient to warrant extension of time; accordingly, the application for extension of time is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 29 November 2017
- Procedural Posture
- Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- ['extension of Time to Appeal' 'protection Visa' 'jurisdictional Error' 'judicial Review' 'complementary Protection']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Legal Issues
- 1 ['Whether an extension of time to appeal should be granted' 'Whether there was jurisdictional error in the Federal Circuit Court decision' 'Whether the Tribunal failed to consider relevant information or took account of irrelevant considerations' "Whether Tribunal's findings lacked evidential support" "Whether Tribunal's decision was unreasonable, illogical or irrational"]
Ratio Decidendi
The applicant failed to identify any error on the part of the primary judge and provided no viable grounds for appeal; prospects of success in appeal are insufficient to warrant extension of time; accordingly, the application for extension of time is dismissed.
Court Disposition
Application dismissed
Orders
- ["The applicant's application for an extension of time to appeal filed on 30 August 2016 is dismissed." "The applicant is to pay the first respondent's costs."]
Full Case Text
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