BUT18 v Minister for Home Affairs [2019] FCA 1700

BUT18 v Minister for Home Affairs [2019] FCA 1700

The application for extension of time and leave to appeal was dismissed as the applicant failed to identify any error of principle or jurisdictional error in the primary judge's discretionary rejection of the application to reinstate the judicial review, nor in the IAA's decision; no sufficient doubt attended the primary decision to justify reconsideration.

Jurisdiction
Australia
Judgment Date
16 October 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal the Federal Circuit Court decision' 'Whether leave to appeal should be granted against the decision dismissing the application for reinstatement of judicial review' "Whether the primary judge's discretionary decision involved an error of principle (House v The King)" "Whether any jurisdictional error was identified in the Immigration Assessment Authority's decision"]

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed as the applicant failed to identify any error of principle or jurisdictional error in the primary judge's discretionary rejection of the application to reinstate the judicial review, nor in the IAA's decision; no sufficient doubt attended the primary decision to justify reconsideration.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application filed 3 December 2018 is dismissed." "The applicant is to pay the first respondent's costs of and incidental to this application to be taxed failing agreement."]