BMX16 v Minister for Immigration and Border Protection [2017] FCA 700

Applicant failed to provide a satisfactory explanation for the delay in lodging the appeal, and the draft grounds of appeal lacked merit; therefore, application for extension of time must be dismissed.

Jurisdiction: Australia
Judgment Date: 21 June 2017
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Extension of Time Application
Outcome: Application dismissed with costs.
Legal Topics: ['extension of Time' 'judicial Review' 'credibility Assessment' 'procedural Fairness']

['administrative Law' 'migration Law'] ['extension of Time' 'judicial Review' 'credibility Assessment' 'procedural Fairness']

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Procedural Posture

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

Legal Issues

1 ['Whether a satisfactory explanation exists for the delay in lodging the appeal' 'Whether there is merit in the proposed grounds of appeal' 'Whether fairness or public interest justify granting an extension of time']

Ratio Decidendi

Court Disposition

Application dismissed with costs.

Orders

['The application for extension of time filed on 8 February 2017 be dismissed with costs.']