BAC16 v Minister for Immigration and Border Protection [2017] FCA 1001

BAC16 v Minister for Immigration and Border Protection [2017] FCA 1001

The application for extension of time and leave to appeal was dismissed because the applicant's explanation for the delay was unacceptable in the absence of evidence of attempts to obtain assistance, and the draft grounds of appeal merely asserted a question of law and jurisdictional error without identifying any error. The Federal Circuit Court reasons also disclosed no error that would justify an extension, notwithstanding the Minister's concession that there was no prejudice.

Jurisdiction
Australia
Judgment Date
21 August 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']
['migration' 'practice and Procedure' 'administrative Law'] ['extension of Time to Appeal' 'leave to Appeal' 'protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time and leave to appeal from the Federal Circuit Court orders made on 16 December 2016.' 'Whether the applicant provided an adequate explanation for the 45 day delay in filing the application for extension of time.' 'Whether the proposed appeal had sufficient merit to justify granting an extension of time.' 'Whether absence of prejudice to the Minister justified granting an extension despite lack of explanation or merit.']

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the applicant's explanation for the delay was unacceptable in the absence of evidence of attempts to obtain assistance, and the draft grounds of appeal merely asserted a question of law and jurisdictional error without identifying any error. The Federal Circuit Court reasons also disclosed no error that would justify an extension, notwithstanding the Minister's concession that there was no prejudice.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']