BWP15 v Minister for Immigration and Border Protection [2016] FCA 1083

BWP15 v Minister for Immigration and Border Protection [2016] FCA 1083

The appellant was required to seek leave to appeal from the interlocutory Federal Circuit Court orders but never filed an application for leave to appeal or, if out of time, an application for an extension of time. The material advanced disclosed no viable appeal, no error by the primary judge, and no apparent jurisdictional error by the Tribunal. The first respondent's objection to competency was therefore upheld and the proceedings were dismissed with costs.

Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Purported Appeal From Orders of the Federal Circuit Court Dismissing a Migration Judicial Review Application / First Respondent's Notice of Objection to Competency of the Appeal
Outcome
Proceedings dismissed as incompetent with costs.
Legal Topics
['protection Visa' 'judicial Review' 'application for Leave to Appeal' 'extension of Time' 'competency of Appeal' 'bias' 'jurisdictional Error' 'costs']
['administrative Law' 'migration Law' 'practice and Procedure'] ['protection Visa' 'judicial Review' 'application for Leave to Appeal' 'extension of Time' 'competency of Appeal' 'bias' 'jurisdictional Error' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Purported Appeal From Orders of the Federal Circuit Court Dismissing a Migration Judicial Review Application / First Respondent's Notice of Objection to Competency of the Appeal

Legal Issues

  1. 1 ["Whether the appellant's notice of appeal was competent where leave to appeal was required but no application for leave to appeal was filed." 'Whether there was any basis to identify error by the Federal Circuit Court or jurisdictional error by the Tribunal.' 'Whether the proceedings should be dismissed with costs and whether the first respondent should be permitted to seek a fixed costs order.']

Ratio Decidendi

The appellant was required to seek leave to appeal from the interlocutory Federal Circuit Court orders but never filed an application for leave to appeal or, if out of time, an application for an extension of time. The material advanced disclosed no viable appeal, no error by the primary judge, and no apparent jurisdictional error by the Tribunal. The first respondent's objection to competency was therefore upheld and the proceedings were dismissed with costs.

Court Disposition

Proceedings dismissed as incompetent with costs.

Orders

  • ["The proceedings brought by the appellant in this Court be dismissed as incompetent in accordance with the first respondent's notice of objection to competency dated and filed 26 May 2016." "The appellant pay the first respondent's costs as taxed or agreed." "In lieu of proceeding to taxation or reaching agreement...