BZA16 v Minister for Immigration and Border Protection [2018] FCA 2031

BZA16 v Minister for Immigration and Border Protection [2018] FCA 2031

No proper basis to extend time for filing a notice of appeal was established, as grounds put forward lacked specificity and supporting submissions; the delay explanation was not adequate, and consequently the application for an extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Extension of Time to File Appeal / Ruling on Extension of Time; Orders
Outcome
Application for extension of time dismissed with costs (order stayed until 4 February 2019); leave granted for applicant to file written submissions.
Legal Topics
['extension of Time' 'appeal' 'judicial Review' 'protection Visa' 'tribunal Decision']
['administrative Law' 'immigration Law'] ['extension of Time' 'appeal' 'judicial Review' 'protection Visa' 'tribunal Decision']

Case Brief

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Procedural Posture

Application for Extension of Time to File Appeal / Ruling on Extension of Time; Orders

Legal Issues

  1. 1 ['Whether adequate explanation for delay in filing appeal was provided' 'Whether there exists an arguable basis for appeal against the Federal Circuit Court decision' 'Whether the Tribunal failed to comply with s 425 of the Migration Act 1958 (Cth)']

Ratio Decidendi

No proper basis to extend time for filing a notice of appeal was established, as grounds put forward lacked specificity and supporting submissions; the delay explanation was not adequate, and consequently the application for an extension of time was dismissed.

Court Disposition

Application for extension of time dismissed with costs (order stayed until 4 February 2019); leave granted for applicant to file written submissions.

Orders

  • ['Subject to order 2 below, the application for an extension of time in which to file a notice of appeal be dismissed with costs.' 'Order 1 be stayed and not be of effect until 4 February 2019 or further order of the Court.' 'On or before 21 January 2019, the applicant file and serve written submissions in support...