Barton v Minister for Home Affairs [2019] FCA 120

Barton v Minister for Home Affairs [2019] FCA 120

The application did not allege, nor establish, any jurisdictional error in the Tribunal decision, thus failed to raise an arguable case for judicial review; consequently, the application for extension of time must be dismissed.

Jurisdiction
Australia
Judgment Date
25 January 2019
Procedural Posture
Migration Review / Application for Extension of Time to Seek Judicial Review; Judgment
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['visa Cancellation' 'extension of Time' 'judicial Review']
['administrative Law' 'migration Law'] ['visa Cancellation' 'extension of Time' 'judicial Review']

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Procedural Posture

Migration Review / Application for Extension of Time to Seek Judicial Review; Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to extend time for an application to review a Tribunal decision affirming non-revocation of visa cancellation' 'Whether grounds allege jurisdictional error in the Tribunal decision']

Ratio Decidendi

The application did not allege, nor establish, any jurisdictional error in the Tribunal decision, thus failed to raise an arguable case for judicial review; consequently, the application for extension of time must be dismissed.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['Leave granted to treat the application as an application for extension of time.' 'Application to extend time dismissed with costs.']