DFN16 v Minister for Immigration and Border Protection [2017] FCA 1474

DFN16 v Minister for Immigration and Border Protection [2017] FCA 1474

The application for extension of time and leave to appeal was dismissed because the proposed appeal was wholly without merit; no appellable error was identified in the Federal Circuit Court’s dismissal, especially in light of the applicant’s own concession that the Tribunal committed no legal error.

Parties
Applicant: DFN16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Protection Visa, Tribunal Error
Migration Law Administrative Law Extension of Time Leave to Appeal Judicial Review Protection Visa Tribunal Error

Case Brief

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Parties

DFN16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the application for extension of time to seek leave to appeal should be granted
  2. 2 Whether the Federal Circuit Court primary judge erred in dismissing the application for judicial review
  3. 3 Whether the Administrative Appeals Tribunal erred in affirming the refusal of a protection visa

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the proposed appeal was wholly without merit; no appellable error was identified in the Federal Circuit Court’s dismissal, especially in light of the applicant’s own concession that the Tribunal committed no legal error.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • The application for an extension of time within which to file an application for leave to appeal be dismissed.
  • The applicant pay the first respondent's costs, as agreed or assessed.