CNU16 v Minister for Home Affairs [2018] FCA 1662

CNU16 v Minister for Home Affairs [2018] FCA 1662

No relevant error or jurisdictional error was committed by the primary judge in exercising the discretion under s 477(2) of the Migration Act to refuse the appellant's extension of time application; therefore, the application was dismissed.

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Migration Review Appeal / Judgment on Appeal/original Jurisdiction
Outcome
appeal dismissed
Legal Topics
['review of Migration Decisions' 'extension of Time for Appeal' 'jurisdictional Error' 'discretionary Dismissal']
['administrative Law' 'migration Law'] ['review of Migration Decisions' 'extension of Time for Appeal' 'jurisdictional Error' 'discretionary Dismissal']

Case Brief

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Procedural Posture

Migration Review Appeal / Judgment on Appeal/original Jurisdiction

Legal Issues

  1. 1 ['Whether the primary judge exercised discretion under s 477(2) of the Migration Act correctly' 'Whether there was jurisdictional error in refusing an extension of time to file appeal' 'Whether the appellant was denied procedural fairness by the Administrative Appeals Tribunal']

Ratio Decidendi

No relevant error or jurisdictional error was committed by the primary judge in exercising the discretion under s 477(2) of the Migration Act to refuse the appellant's extension of time application; therefore, the application was dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal filed 16 March 2018 is dismissed.' "The appellant is to pay the first respondent's costs, to be taxed or agreed."]