BJO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 969

BJO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 969

The proposed grounds of appeal are not reasonably arguable and do not indicate any legal error in the IAA's reasoning; therefore, the application for extension of time is dismissed.

Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'temporary Protection Visa' 'jurisdictional Error' 'legal Unreasonableness' 'judicial Review']
['migration Law' 'administrative Law'] ['extension of Time' 'temporary Protection Visa' 'jurisdictional Error' 'legal Unreasonableness' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the proposed appeal is reasonably arguable' 'Whether the IAA constructively failed to exercise its review obligation' "Whether the IAA's decision was legally unreasonable" 'Whether the IAA complied with its statutory duty under s 473EA' 'Whether the IAA breached procedural fairness']

Ratio Decidendi

The proposed grounds of appeal are not reasonably arguable and do not indicate any legal error in the IAA's reasoning; therefore, the application for extension of time is dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time be dismissed.' 'The applicant pay the costs of the first respondent, as agreed or taxed.']