BXD17 v Minister for Immigration and Border Protection [2018] FCA 765

BXD17 v Minister for Immigration and Border Protection [2018] FCA 765

The futility and lack of merit in the proposed grounds of appeal, combined with a lack of satisfactory explanation for delay and absence of jurisdictional error in prior proceedings, outweigh factors in favour of granting an extension; accordingly, discretion to extend time is not exercised.

Parties
Applicant: BXD17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
07 June 2018
Procedural Posture
Application for Extension of Time to Appeal / Determination of Interlocutory Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Procedural Fairness, Judicial Review, Protection Visa, Discretionary Decision, Jurisdictional Error
Migration Law Administrative Law Extension of Time Procedural Fairness Judicial Review Protection Visa Discretionary Decision Jurisdictional Error

Case Brief

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Parties

BXD17

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Interlocutory Application

Legal Issues

  1. 1 Whether an extension of time should be granted for filing a notice of appeal from the Federal Circuit Court
  2. 2 Whether the Federal Circuit Court erred in refusing an adjournment and in its exercise of discretion concerning procedural fairness
  3. 3 Whether jurisdictional error occurred in Tribunal's assessment of protection visa claims

Ratio Decidendi

The futility and lack of merit in the proposed grounds of appeal, combined with a lack of satisfactory explanation for delay and absence of jurisdictional error in prior proceedings, outweigh factors in favour of granting an extension; accordingly, discretion to extend time is not exercised.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant pay the first respondent's costs as agreed or assessed.