DDT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 174

DDT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 174

The ground and particulars raised in the draft notice of appeal had no relationship to the trial judge's decision or the Authority's prior determinations, disclosing no jurisdictional error or error appellable in the trial judge's rejection of the grounds. Therefore, the application for extension of time to file an appeal was hopeless and must be dismissed.

Jurisdiction
Australia
Judgment Date
17 February 2023
Procedural Posture
Appeal / Application for Extension of Time to Appeal Decision of Federal Circuit Court
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['judicial Review' 'extension of Time' 'jurisdictional Error' 'migration Appeals']
['administrative Law' 'immigration Law'] ['judicial Review' 'extension of Time' 'jurisdictional Error' 'migration Appeals']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Appeal Decision of Federal Circuit Court

Legal Issues

  1. 1 ['Whether extension of time to appeal from the Federal Circuit Court decision should be granted' 'Whether any jurisdictional error was made by the Immigration Assessment Authority or the trial judge' 'Whether there is a reasonable basis for appeal and whether substantial injustice would result from refusal']

Ratio Decidendi

The ground and particulars raised in the draft notice of appeal had no relationship to the trial judge's decision or the Authority's prior determinations, disclosing no jurisdictional error or error appellable in the trial judge's rejection of the grounds. Therefore, the application for extension of time to file an appeal was hopeless and must be dismissed.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for an extension of time filed on 13 July 2020 is dismissed.' 'The name of the first respondent is changed to Minister for Immigration, Citizenship and Multicultural Affairs.' "The applicant pay the first respondent's costs as agreed or taxed."]