BAV16 v Minister for Home Affairs [2019] FCA 292

BAV16 v Minister for Home Affairs [2019] FCA 292

The applicant failed to demonstrate reasonable prospects of success in the proposed appeal, as the grounds advanced did not adequately particularise jurisdictional error in the Tribunal's decision nor establish appealable error by the primary judge; therefore, the Court refused to grant an extension of time and dismissed the application.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Application for Extension of Time to Appeal (migration) / Judgment on Application for Extension of Time; Orders Made
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness']
['administrative Law' 'migration Law'] ['extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to Appeal (migration) / Judgment on Application for Extension of Time; Orders Made

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal the judgment of the Federal Circuit Court of Australia dismissing an application for judicial review of a Tribunal decision refusing a protection visa' 'Whether applicant provided an adequate explanation for not attending the prior hearing and for delay' 'Whether there were reasonable prospects of success in the proposed appeal']

Ratio Decidendi

The applicant failed to demonstrate reasonable prospects of success in the proposed appeal, as the grounds advanced did not adequately particularise jurisdictional error in the Tribunal's decision nor establish appealable error by the primary judge; therefore, the Court refused to grant an extension of time and dismissed the application.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The order in paragraph 1 of the orders made on 9 November 2018 be set aside.' 'The order in paragraph 2 of the orders made on 9 November 2018 be set aside.' 'The originating application filed on 21 June 2018 is dismissed.' "Subject to the order in paragraph 5, the applicant is to pay the first respondent's costs...