CDV17 v Minister for Home Affairs [2019] FCA 726

CDV17 v Minister for Home Affairs [2019] FCA 726

The applicant failed to provide a satisfactory explanation for the delay in bringing her application for leave to appeal, and the proposed appeal lacked merit. No error was identified in the exercise of the trial judge's discretion in summarily dismissing the judicial review application or in refusing the adjournment request. Accordingly, the Court's discretion to extend time or grant leave to appeal was not enlivened, and the application was dismissed with costs.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Decision on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'adjournment' 'summary Dismissal']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'adjournment' 'summary Dismissal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Decision on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether extension of time to seek leave to appeal should be granted' 'Whether leave to appeal from the summary dismissal of a judicial review application should be granted' 'Whether the trial judge erred in refusing an adjournment' 'Whether the trial judge erred in finding that there was no arguable case for relief']

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the delay in bringing her application for leave to appeal, and the proposed appeal lacked merit. No error was identified in the exercise of the trial judge's discretion in summarily dismissing the judicial review application or in refusing the adjournment request. Accordingly, the Court's discretion to extend time or grant leave to appeal was not enlivened, and the application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • ['The name of the first respondent be changed to Minister for Home Affairs.' "The applicant's application for extension of time to seek leave to appeal is dismissed." 'The applicant is to pay the costs of the first respondent as agreed or assessed.']