BXN15 v Minister for Immigration and Border Protection [2017] FCA 1413

BXN15 v Minister for Immigration and Border Protection [2017] FCA 1413

The medical certificate provided by the applicant does not establish incapacity to attend the hearing on 10 May 2017, and therefore the Federal Circuit Court did not err by dismissing the application when there was no material concerning the applicant's health on that date; thus, leave to appeal and extension of time must be dismissed.

Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determination of Application
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa' 'discretionary Dismissal']
['administrative Law' 'constitutional Law' 'human Rights'] ['extension of Time' 'leave to Appeal' 'protection Visa' 'discretionary Dismissal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Determination of Application

Legal Issues

  1. 1 ['Whether leave to appeal and extension of time should be granted' 'Whether the Federal Circuit Court made an error in dismissing the application for review']

Ratio Decidendi

The medical certificate provided by the applicant does not establish incapacity to attend the hearing on 10 May 2017, and therefore the Federal Circuit Court did not err by dismissing the application when there was no material concerning the applicant's health on that date; thus, leave to appeal and extension of time must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • ['The application for an extension of time and leave to appeal is dismissed with costs.']