CEE15 v Minister for Immigration and Border Protection [2018] FCA 769

CEE15 v Minister for Immigration and Border Protection [2018] FCA 769

The application for an extension of time was refused because the Federal Circuit Court decision was best understood as a refusal to extend time under s 477(2) of the Migration Act 1958 (Cth), and s 476A(3)(a) made an appeal from such a refusal not competent. In any event, the Applicant did not provide a satisfactory explanation for failing to pursue appeal rights after being present when the Federal Circuit Court dismissed his application, and the proposed appeal disclosed no self-evident appellable error in the Federal Circuit Court's exercise of discretion or assessment of jurisdictional error.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Migration Application for Extension of Time to Appeal / Federal Court Application for Extension of Time to Appeal From a Federal Circuit Court Decision Refusing to Extend Time
Outcome
Application for an extension of time dismissed; proceeding dismissed; Applicant ordered to pay the First Respondent's costs.
Legal Topics
['protection Visa Refusal' 'tribunal Review' 'extension of Time' 'competency of Appeal' 'jurisdictional Error' 'federal Circuit Court Migration Jurisdiction']
['migration' 'practice and Procedure' 'administrative Law'] ['protection Visa Refusal' 'tribunal Review' 'extension of Time' 'competency of Appeal' 'jurisdictional Error' 'federal Circuit Court Migration Jurisdiction']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Appeal / Federal Court Application for Extension of Time to Appeal From a Federal Circuit Court Decision Refusing to Extend Time

Legal Issues

  1. 1 ['Whether an appeal may be brought to the Federal Court from a Federal Circuit Court judgment refusing to make an order under s 477(2) of the Migration Act 1958 (Cth).' 'Whether the Applicant gave a satisfactory explanation for the delay in filing an appeal to the Federal Court.' 'Whether the Federal Circuit Court decision disclosed any self-evident appellable error or jurisdictional error.']

Ratio Decidendi

The application for an extension of time was refused because the Federal Circuit Court decision was best understood as a refusal to extend time under s 477(2) of the Migration Act 1958 (Cth), and s 476A(3)(a) made an appeal from such a refusal not competent. In any event, the Applicant did not provide a satisfactory explanation for failing to pursue appeal rights after being present when the Federal Circuit Court dismissed his application, and the proposed appeal disclosed no self-evident appellable error in the Federal Circuit Court's exercise of discretion or assessment of jurisdictional error.

Court Disposition

Application for an extension of time dismissed; proceeding dismissed; Applicant ordered to pay the First Respondent's costs.

Orders

  • ['The Application for an extension of time is dismissed.' 'The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent, either as taxed or agreed.']