BKE15 v Minister for Immigration and Border Protection [2019] FCA 131

BKE15 v Minister for Immigration and Border Protection [2019] FCA 131

The application for extension of time to seek leave to appeal was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because of the applicant's failure to appear, and, on the merits, because there was no arguable jurisdictional error or procedural unfairness by the Tribunal or the primary judge.

Parties
Applicant: BKE15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time Dismissed, Costs Ordered
Outcome
Application for extension of time dismissed, with costs ordered against the applicant
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Procedural Fairness, Jurisdictional Error
Migration Law Administrative Law Extension of Time Leave to Appeal Judicial Review Procedural Fairness Jurisdictional Error

Case Brief

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Parties

BKE15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time Dismissed, Costs Ordered

Legal Issues

  1. 1 Whether an extension of time should be granted for leave to appeal
  2. 2 Whether the Tribunal committed jurisdictional error in its findings regarding the applicant's claims
  3. 3 Whether requirements of procedural fairness and s 424A of the Migration Act were met

Ratio Decidendi

The application for extension of time to seek leave to appeal was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because of the applicant's failure to appear, and, on the merits, because there was no arguable jurisdictional error or procedural unfairness by the Tribunal or the primary judge.

Court Disposition

Application for extension of time dismissed, with costs ordered against the applicant

Orders

  • The application for an extension of time is dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
  • The applicant pay the first respondent's costs, as agreed or assessed.