CNP16 v Minister for Immigration and Border Protection [2018] FCA 65

CNP16 v Minister for Immigration and Border Protection [2018] FCA 65

The application for extension of time to appeal should be dismissed because the applicant's prospects of success are remote in light of the binding authority in BVJ16, which held that use of a later version of an approved form does not invalidate a visa application or affect the Tribunal's jurisdiction.

Parties
Applicant: CNP16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
Application dismissed; applicant to pay first respondent's costs.
Legal Topics
Extension of Time, Validity of Protection Visa Application, Approved Forms Under Migration Regulations, Jurisdiction of Tribunal
Administrative Law Migration Law Extension of Time Validity of Protection Visa Application Approved Forms Under Migration Regulations Jurisdiction of Tribunal

Case Brief

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Parties

CNP16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether an application for a protection (Class XA) visa was validly made using the required approved form under the Migration Regulations 1994 (Cth)
  2. 2 Whether the Tribunal had jurisdiction to review the protection visa application
  3. 3 Whether extension of time to appeal should be granted

Ratio Decidendi

The application for extension of time to appeal should be dismissed because the applicant's prospects of success are remote in light of the binding authority in BVJ16, which held that use of a later version of an approved form does not invalidate a visa application or affect the Tribunal's jurisdiction.

Court Disposition

Application dismissed; applicant to pay first respondent's costs.

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs.