DEP16 v Minister for Immigration and Border Protection [2017] FCA 1375

DEP16 v Minister for Immigration and Border Protection [2017] FCA 1375

The applicant is granted a conditional adjournment and 14 days to file written submissions and material supporting leave to appeal; if submissions demonstrate a case to answer, further hearing will occur, otherwise the matter will be dealt with on the papers.

Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Application for Extension of Time for Leave to Appeal / Interlocutory Hearing and Adjournment Order
Outcome
Conditional adjournment granted; applicant given leave to file submissions by 5 December 2017; next steps to be determined based on material filed.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa' 'show Cause Procedure' 'procedural Fairness']
['administrative Law' 'immigration Law'] ['extension of Time' 'leave to Appeal' 'protection Visa' 'show Cause Procedure' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time for Leave to Appeal / Interlocutory Hearing and Adjournment Order

Legal Issues

  1. 1 ['Whether leave to appeal should be granted out of time' 'Whether there is an arguable case of legal error in the Tribunal or Federal Circuit Court decision']

Ratio Decidendi

The applicant is granted a conditional adjournment and 14 days to file written submissions and material supporting leave to appeal; if submissions demonstrate a case to answer, further hearing will occur, otherwise the matter will be dealt with on the papers.

Court Disposition

Conditional adjournment granted; applicant given leave to file submissions by 5 December 2017; next steps to be determined based on material filed.

Orders

  • ['The adjournment sought by the applicant be granted conditionally.' 'The applicant has leave on or before 5 December 2017 to file and serve written submissions and any other material upon which he will seek to rely.' 'The Court will, after the filing of said submissions, consider those submissions.' 'If the Court...