BLR15 v Minister for Immigration and Border Protection [2018] FCA 67

BLR15 v Minister for Immigration and Border Protection [2018] FCA 67

The prospects of success for the appeal are insurmountably low because precedent establishes that the approved form is as designated by the Minister, not a particular version. The Applicant's explanation for the delay is inadequate, and in all the circumstances, it is not appropriate to grant the extension of time sought.

Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
['protection Visa Application Validity' 'extension of Time for Appeal' 'approved Visa Forms']
['migration Law' 'administrative Law'] ['protection Visa Application Validity' 'extension of Time for Appeal' 'approved Visa Forms']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the second protection visa application is valid or a nullity due to the use of the wrong form in the first application' 'Whether an extension of time to appeal should be granted']

Ratio Decidendi

The prospects of success for the appeal are insurmountably low because precedent establishes that the approved form is as designated by the Minister, not a particular version. The Applicant's explanation for the delay is inadequate, and in all the circumstances, it is not appropriate to grant the extension of time sought.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs."]