BML18 v Minister for Home Affairs [2019] FCA 179

BML18 v Minister for Home Affairs [2019] FCA 179

The application for extension of time was refused because, although the delay was understandable, the proposed grounds of appeal lacked merit and there was no arguable error of law identified in the Authority's or Federal Circuit Court's approach.

Parties
Applicant: BML18; First Respondent: Minister for Home Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension of Time
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Migration Legislation, Judicial Review, Appeals
Administrative Law Immigration Law Extension of Time Migration Legislation Judicial Review Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

BML18

Applicant

Minister for Home Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether proposed notice of appeal raises arguable error of law

Ratio Decidendi

The application for extension of time was refused because, although the delay was understandable, the proposed grounds of appeal lacked merit and there was no arguable error of law identified in the Authority's or Federal Circuit Court's approach.

Court Disposition

Application for extension of time refused

Orders

  • The application for an extension of time be refused.
  • The applicant pay the first respondent's costs of and incidental to the application.