BUB17 v Federal Circuit Court of Australia [2020] FCA 923

BUB17 v Federal Circuit Court of Australia [2020] FCA 923

The application was dismissed because the applicant specified no grounds of judicial review and was unable to identify any jurisdictional error; on review of the primary judge's reasons, no jurisdictional error was apparent, and the findings about lack of adequate explanation for delay, limited weight to absence of prejudice, and lack of reasonable prospects were open to the primary judge.

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review of the Judgment and Orders of the Federal Circuit Court Refusing an Extension of Time Under S 477(2)(b) of the Migration Act 1958 (cth). / Federal Court Application Heard on 22 June 2020; Written Reasons Published After Dismissal.
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa Refusal' 'extension of Time for Migration Judicial Review' 'jurisdictional Error' 'adequate Explanation for Delay' 'reasonable Prospects of Success']
['administrative Law' 'migration Law' 'judicial Review'] ['protection Visa Refusal' 'extension of Time for Migration Judicial Review' 'jurisdictional Error' 'adequate Explanation for Delay' 'reasonable Prospects of Success']

Case Brief

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review of the Judgment and Orders of the Federal Circuit Court Refusing an Extension of Time Under S 477(2)(b) of the Migration Act 1958 (cth). / Federal Court Application Heard on 22 June 2020; Written Reasons Published After Dismissal.

Legal Issues

  1. 1 ['Whether the applicant identified any ground of judicial review of the Federal Circuit Court judgment and orders.' "Whether jurisdictional error was apparent in the Federal Circuit Court's refusal to extend time." "Whether the primary judge's conclusions on delay, prejudice and merits were open on the material."]

Ratio Decidendi

The application was dismissed because the applicant specified no grounds of judicial review and was unable to identify any jurisdictional error; on review of the primary judge's reasons, no jurisdictional error was apparent, and the findings about lack of adequate explanation for delay, limited weight to absence of prejudice, and lack of reasonable prospects were open to the primary judge.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.']