BNS15 v Minister for Immigration and Border Protection [2016] FCA 61

BNS15 v Minister for Immigration and Border Protection [2016] FCA 61

The application for extension of time was dismissed because the proposed grounds of appeal had no prospects of success, and the applicant did not seek an adjournment or challenge the primary judge's reasoning on the original ground.

Parties
Applicant: BNS15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
09 February 2016
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Migration, Protection Visa, Extension of Time, Jurisdictional Error
Administrative Law Constitutional Law Human Rights Law Migration Protection Visa Extension of Time Jurisdictional Error

Case Brief

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Parties

BNS15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal
  2. 2 Whether the proposed grounds of appeal have prospects of success

Ratio Decidendi

The application for extension of time was dismissed because the proposed grounds of appeal had no prospects of success, and the applicant did not seek an adjournment or challenge the primary judge's reasoning on the original ground.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the first respondent's costs of the application as taxed or agreed.