BGW16 v Minister for Immigration and Border Protection [2018] FCA 1244

The application for extension of time and leave to appeal was dismissed because there was no legal error apparent in the primary judge's decision dismissing the application for review, the applicant's grounds of appeal lacked substance or prospects of success, and the criteria for extension of time and for leave to appeal were not satisfied.

Jurisdiction: Australia
Judgment Date: 23 August 2018
Procedural Posture: Application for Extension of Time and Leave to Appeal / Decision on Extension of Time and Leave to Appeal
Outcome: Application for extension of time and leave to appeal dismissed with costs.
Legal Topics: ['extension of Time' 'leave to Appeal' 'protection Visas' 'procedural Fairness' 'jurisdictional Error']

['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'protection Visas' 'procedural Fairness' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Decision on Extension of Time and Leave to Appeal

Legal Issues

1 ['Whether the applicant should be granted an extension of time to appeal' 'Whether leave to appeal should be granted from the interlocutory decision of the Federal Circuit Court' 'Whether legal error is demonstrated in the decision of the Federal Circuit Court or the Administrative Appeals Tribunal']

Ratio Decidendi

Court Disposition

Application for extension of time and leave to appeal dismissed with costs.

Orders

['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs."]