BQV16 v Minister for Immigration and Border Protection [2017] FCA 1184

BQV16 v Minister for Immigration and Border Protection [2017] FCA 1184

The application for extension of time and leave to appeal was refused because the Federal Circuit Court made no appeallable error; no sufficient doubt attended the primary decision, and the grounds raised failed to identify error in the Federal Circuit Court's judgment, being instead assertions relating to the Tribunal. No adequate explanation was given for the delay.

Parties
Applicant: BQV16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension/leave
Outcome
Application for extension of time and leave to appeal refused; proceeding dismissed; costs ordered against Applicant.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Protection Visa Refusal, Procedural Fairness
Administrative Law Migration Law Extension of Time Leave to Appeal Judicial Review Protection Visa Refusal Procedural Fairness

Case Brief

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Parties

BQV16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether extension of time and leave to appeal should be granted for judicial review dismissal
  2. 2 Whether Federal Circuit Court's decision is attended with sufficient doubt to warrant appellate reconsideration
  3. 3 Whether procedural unfairness or legal error occurred in the Tribunal's decision making

Ratio Decidendi

The application for extension of time and leave to appeal was refused because the Federal Circuit Court made no appeallable error; no sufficient doubt attended the primary decision, and the grounds raised failed to identify error in the Federal Circuit Court's judgment, being instead assertions relating to the Tribunal. No adequate explanation was given for the delay.

Court Disposition

Application for extension of time and leave to appeal refused; proceeding dismissed; costs ordered against Applicant.

Orders

  • The proceeding is dismissed.
  • The Applicant is to pay the costs of the First Respondent, either as agreed or taxed.