CVE16 v Minister for Home Affairs [2019] FCA 175

CVE16 v Minister for Home Affairs [2019] FCA 175

The proposed grounds of appeal, concerning alleged denial of procedural fairness, have no arguable prospect of success under the legislative scheme; therefore, it is not in the interests of justice to grant the applicant an extension of time.

Jurisdiction
Australia
Judgment Date
20 February 2019
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application for extension of time refused; costs ordered
Legal Topics
['extension of Time' 'procedural Fairness' 'judicial Review']
['migration Law' 'administrative Law'] ['extension of Time' 'procedural Fairness' 'judicial Review']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether Immigration Assessment Authority denied applicant procedural fairness' 'Whether extension of time for appeal should be granted']

Ratio Decidendi

The proposed grounds of appeal, concerning alleged denial of procedural fairness, have no arguable prospect of success under the legislative scheme; therefore, it is not in the interests of justice to grant the applicant an extension of time.

Court Disposition

Application for extension of time refused; costs ordered

Orders

  • ['The application for an extension of time is refused.' "The applicant pay the first respondent's costs, fixed in the lump sum of $2,500."]