BTR16 v Minister for Immigration and Border Protection [2019] FCA 1068

BTR16 v Minister for Immigration and Border Protection [2019] FCA 1068

The application for extension of time was refused because the proposed appeal had no reasonable prospects of success; the primary judge's findings were open on the evidence and correct in law; there was no demonstrated jurisdictional error or material procedural unfairness in the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time Application
Outcome
Application for extension of time to file notice of appeal dismissed
Legal Topics
['extension of Time' 'judicial Review' 'protection Visa' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['extension of Time' 'judicial Review' 'protection Visa' 'jurisdictional Error']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether to grant an extension of time to appeal the judgment dismissing judicial review of refusal to grant protection visa' 'Whether the proposed appeal has reasonable prospects of success' "Whether there was jurisdictional error in the Tribunal's decision reasoning"]

Ratio Decidendi

The application for extension of time was refused because the proposed appeal had no reasonable prospects of success; the primary judge's findings were open on the evidence and correct in law; there was no demonstrated jurisdictional error or material procedural unfairness in the Tribunal's decision.

Court Disposition

Application for extension of time to file notice of appeal dismissed

Orders

  • ['The application for an extension of time to file a notice of appeal be dismissed.' "The applicant pay the first respondent's costs in the amount of $1,756." 'The name of the first respondent be amended to Minister for Home Affairs.']