BCY16 v Minister for Immigration and Border Protection [2018] FCA 738

BCY16 v Minister for Immigration and Border Protection [2018] FCA 738

Neither ground of appeal had any prospect of success as the Tribunal considered the applicant's factual claims in detail and rejected them; thus, the merits of the appeal were insufficient to justify an extension of time for appeal.

Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Application for Extension of Time to Appeal / Disposition of Extension of Time Application
Outcome
Application for extension of time refused; applicant to pay costs
Legal Topics
['extension of Time' 'procedural Fairness' 'judicial Review']
['administrative Law' 'migration Law'] ['extension of Time' 'procedural Fairness' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Disposition of Extension of Time Application

Legal Issues

  1. 1 ["Whether the applicant's delay in filing the appeal should be excused" 'Whether the merits of the appeal justified an extension of time' 'Whether the Tribunal failed to consider claims made by the applicant regarding witnessing a shooting and risks upon return to Sri Lanka']

Ratio Decidendi

Neither ground of appeal had any prospect of success as the Tribunal considered the applicant's factual claims in detail and rejected them; thus, the merits of the appeal were insufficient to justify an extension of time for appeal.

Court Disposition

Application for extension of time refused; applicant to pay costs

Orders

  • ['The application for an extension of time dated 23 November 2017 be refused.' "The applicant pay the first respondent's costs to be assessed or agreed."]