Li v Minister for Immigration and Border Protection [2018] FCA 730

Li v Minister for Immigration and Border Protection [2018] FCA 730

The explanation for the delay in seeking leave to appeal was not adequate; the merits of the proposed appeal were lacking, as the grounds did not raise an arguable case and did not demonstrate error in the Federal Circuit Court or Administrative Appeals Tribunal's decisions. Accordingly, the application for extension of time and leave to appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Federal Court Decision Following Dismissal in Federal Circuit Court
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
['extension of Time for Appeal' 'leave to Appeal' 'medical Treatment (visitor) Visa' 'jurisdictional Error' 'judicial Review']
['administrative Law' 'immigration Law'] ['extension of Time for Appeal' 'leave to Appeal' 'medical Treatment (visitor) Visa' 'jurisdictional Error' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Federal Court Decision Following Dismissal in Federal Circuit Court

Legal Issues

  1. 1 ['Whether there is an adequate explanation for delay in applying for leave to appeal' 'Whether leave to appeal should be granted given the merits of the proposed appeal' 'Whether the Federal Circuit Court correctly dismissed the judicial review application' 'Whether the Tribunal committed jurisdictional error by dismissing and confirming the review']

Ratio Decidendi

The explanation for the delay in seeking leave to appeal was not adequate; the merits of the proposed appeal were lacking, as the grounds did not raise an arguable case and did not demonstrate error in the Federal Circuit Court or Administrative Appeals Tribunal's decisions. Accordingly, the application for extension of time and leave to appeal should be dismissed.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • ['The application for an extension of time and leave to appeal is dismissed.' "The applicant pay the first respondent's costs of the application, to be taxed if not agreed."]