DRP16 v Minister for Immigration and Border Protection [2018] FCA 1522

DRP16 v Minister for Immigration and Border Protection [2018] FCA 1522

The applicant's grounds for extension of time and appeal do not establish any jurisdictional error or appellable error made by the Tribunal or the Federal Circuit Court in relation to compliance with ss 424A and 425 of the Migration Act. The Tribunal discharged its statutory duties and provided coherent reasons for its findings. There is no legitimate basis for the appeal to succeed. The application for extension of time is dismissed with costs.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Application for Extension of Time to File Notice of Appeal / Dismissal at Federal Court
Outcome
Application for extension of time dismissed with costs
Legal Topics
['extension of Time Applications' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['extension of Time Applications' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']

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Procedural Posture

Application for Extension of Time to File Notice of Appeal / Dismissal at Federal Court

Legal Issues

  1. 1 ['Whether extension of time to appeal should be granted' 'Whether Tribunal failed to comply with ss 424A and 425 of the Migration Act 1958 (Cth)' 'Whether Tribunal committed jurisdictional error' 'Whether Federal Circuit Court decision was attended by appellable error']

Ratio Decidendi

The applicant's grounds for extension of time and appeal do not establish any jurisdictional error or appellable error made by the Tribunal or the Federal Circuit Court in relation to compliance with ss 424A and 425 of the Migration Act. The Tribunal discharged its statutory duties and provided coherent reasons for its findings. There is no legitimate basis for the appeal to succeed. The application for extension of time is dismissed with costs.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • ['The application for an extension of time in which to file and serve a notice of appeal be dismissed with costs']