CJD15 v Minister for Immigration and Border Protection [2017] FCA 1283

CJD15 v Minister for Immigration and Border Protection [2017] FCA 1283

The appeal was incompetent because it was not filed within the prescribed time and no extension of time was sought; moreover, even if extension had been sought, the grounds of appeal lacked substance and prospects of success.

Parties
Appellant: CJD15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Migration, Judicial Review, Procedural Requirements, Natural Justice
Administrative Law Constitutional Law Human Rights Migration Judicial Review Procedural Requirements Natural Justice

Case Brief

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Parties

CJD15

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appeal was competent due to compliance with Federal Court Rules regarding timing and extension applications
  2. 2 Whether jurisdictional error or procedural error occurred in the Federal Circuit Court or Tribunal proceedings
  3. 3 Whether laws of natural justice were followed

Ratio Decidendi

The appeal was incompetent because it was not filed within the prescribed time and no extension of time was sought; moreover, even if extension had been sought, the grounds of appeal lacked substance and prospects of success.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed on the ground that it is incompetent.
  • The appellant is to pay the first respondent's costs.