BOT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 583

BOT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 583

The extension of time was refused because the applicant did not identify any error in the primary judge's decision, there was no reason to doubt the finding that the Tribunal's decision was not affected by jurisdictional error, and the proposed appeal had no prospects of success.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Migration Application for Extension of Time to File Appeal / Application for Extension of Time to Appeal From a Federal Circuit Court of Australia Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Application for extension of time dismissed; applicant to pay the first respondent's costs.
Legal Topics
['protection Visa' 'extension of Time to Appeal' 'jurisdictional Error' 'administrative Appeals Tribunal Non Appearance' 'notice of Tribunal Hearing']
['migration' 'administrative Law'] ['protection Visa' 'extension of Time to Appeal' 'jurisdictional Error' 'administrative Appeals Tribunal Non Appearance' 'notice of Tribunal Hearing']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File Appeal / Application for Extension of Time to Appeal From a Federal Circuit Court of Australia Decision Dismissing Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal the Federal Circuit Court of Australia judgment dated 1 October 2019.' "Whether the proposed appeal had prospects of success by identifying error in the primary judge's conclusion that the Tribunal's decision was not affected by jurisdictional error." "Whether the applicant's alleged absence of notice of the Tribunal hearing provided a basis for the proposed appeal."]

Ratio Decidendi

The extension of time was refused because the applicant did not identify any error in the primary judge's decision, there was no reason to doubt the finding that the Tribunal's decision was not affected by jurisdictional error, and the proposed appeal had no prospects of success.

Court Disposition

Application for extension of time dismissed; applicant to pay the first respondent's costs.

Orders

  • ['The application for an extension of time filed 30 October 2019 be dismissed.' "The applicant pay the first respondent's costs of the application."]