CCD17 v Minister for Immigration and Border Protection [2018] FCA 1757

There was no merit disclosed in the grounds of appeal, and thus even if there was an acceptable explanation for delay, the application for extension of time must be dismissed as it would be pointless to grant it without any prospects of success.

Parties: Applicant: CCD17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 07 November 2018
Procedural Posture: Application for Extension of Time to Seek Leave to Appeal / Dismissal of Application for Extension of Time
Outcome: Application dismissed
Legal Topics: Extension of Time, Leave to Appeal, Judicial Review, Merits of Appeal, Delay Explanation

Migration Law Administrative Law Extension of Time Leave to Appeal Judicial Review Merits of Appeal Delay Explanation

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Parties

CCD17

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Dismissal of Application for Extension of Time

Legal Issues

1 Whether acceptable explanation for delay in filing leave to appeal
2 Whether proposed grounds in appeal have reasonable prospects of success

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The application for an extension of time within which to seek leave to appeal be dismissed.
The applicant pay the first respondent's costs, of and incidental to the appeal, to be taxed if not agreed.