Badoui v Minister for Immigration and Citizenship [2008] FCA 156

Badoui v Minister for Immigration and Citizenship [2008] FCA 156

Although the delay was partly understandable because the applicant pursued Ministerial intervention, an extension of time was refused because the proposed appeal had no apparent prospects of success: the Federal Magistrate disclosed no error in dealing with the consent orders, the draft notice of appeal did not challenge that reasoning, and the proposed grounds either challenged the Tribunal decision in a way precluded by the consent orders or sought impermissible merits review.

Jurisdiction
Australia
Judgment Date
26 February 2008
Procedural Posture
Application for an Extension of Time in Which to Appeal From a Federal Magistrates Court Judgment Concerning Judicial Review of a Migration Review Tribunal Visa Refusal Decision / Extension of Time to File and Serve a Notice of Appeal
Outcome
Application for an extension of time refused with costs.
Legal Topics
['family (residence) (class Ao) Visa' 'special Need Relative Status' 'judicial Review of Migration Review Tribunal Decision' 'consent Orders' 'extension of Time to Appeal' 'ministerial Discretion Under S 351 of the Migration Act 1958 (cth)']
['migration Law' 'administrative Law' 'appellate Procedure'] ['family (residence) (class Ao) Visa' 'special Need Relative Status' 'judicial Review of Migration Review Tribunal Decision' 'consent Orders' 'extension of Time to Appeal' 'ministerial Discretion Under S 351 of the Migration Act 1958 (cth)']

Case Brief

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Procedural Posture

Application for an Extension of Time in Which to Appeal From a Federal Magistrates Court Judgment Concerning Judicial Review of a Migration Review Tribunal Visa Refusal Decision / Extension of Time to File and Serve a Notice of Appeal

Legal Issues

  1. 1 ['Whether the applicant had special reasons for an extension of time to file and serve a notice of appeal more than one year out of time.' 'Whether the proposed appeal had any prospects of success.' 'Whether the Federal Magistrates Court erred in refusing to set aside consent orders dismissing the earlier judicial review application.' "Whether the applicant's proposed grounds impermissibly sought merits review of the Tribunal's decision."]

Ratio Decidendi

Although the delay was partly understandable because the applicant pursued Ministerial intervention, an extension of time was refused because the proposed appeal had no apparent prospects of success: the Federal Magistrate disclosed no error in dealing with the consent orders, the draft notice of appeal did not challenge that reasoning, and the proposed grounds either challenged the Tribunal decision in a way precluded by the consent orders or sought impermissible merits review.

Court Disposition

Application for an extension of time refused with costs.

Orders

  • ['The application for an extension of time in which to file and serve a notice of appeal be refused.' "The applicant pay the first respondent's costs of the application fixed in the sum of $1,200.00."]