BLC15 v Minister for Immigration and Border Protection [2018] FCA 621

BLC15 v Minister for Immigration and Border Protection [2018] FCA 621

Although the delay was relatively short, the Minister would not suffer undue prejudice, and the applicant's affidavit gave an acceptable explanation for the delay, the extension of time was refused because the proposed appeal had little or no prospects of success. The proposed grounds were either not a ground of appeal or were generic and unparticularised, the applicant had not provided particulars despite having ample opportunity, and the Court could not detect any error in the primary judge's analysis or any jurisdictional error by the Tribunal.

Jurisdiction
Australia
Judgment Date
02 May 2018
Procedural Posture
Migration Protection Visa Application for Extension of Time to Appeal / Application Under R 36.05 of the Federal Court Rules 2011 (cth) for an Extension of Time to Appeal From Orders of the Federal Circuit Court Dismissing Judicial Review of the Tribunal's Decision
Outcome
Application for an extension of time refused with costs.
Legal Topics
['protection Visa' 'extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'federal Circuit Court Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'federal Circuit Court Appeal']

Case Brief

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Procedural Posture

Migration Protection Visa Application for Extension of Time to Appeal / Application Under R 36.05 of the Federal Court Rules 2011 (cth) for an Extension of Time to Appeal From Orders of the Federal Circuit Court Dismissing Judicial Review of the Tribunal's Decision

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time within which to appeal from the Federal Circuit Court's orders" "Whether the proposed appeal had sufficient prospects of success by identifying jurisdictional error in the Tribunal's decision or the primary judge's reasoning"]

Ratio Decidendi

Although the delay was relatively short, the Minister would not suffer undue prejudice, and the applicant's affidavit gave an acceptable explanation for the delay, the extension of time was refused because the proposed appeal had little or no prospects of success. The proposed grounds were either not a ground of appeal or were generic and unparticularised, the applicant had not provided particulars despite having ample opportunity, and the Court could not detect any error in the primary judge's analysis or any jurisdictional error by the Tribunal.

Court Disposition

Application for an extension of time refused with costs.

Orders

  • ['The application for an extension of time is refused.' "The applicant pay the first respondent's costs of and incidental to this application, to be taxed in default of agreement."]