EGV17 v Minister for Immigration and Border Protection [2018] FCA 1941

EGV17 v Minister for Immigration and Border Protection [2018] FCA 1941

The proposed ground of appeal lacks merit or intelligible substance, and there is no jurisdictional error in the Tribunal's or Federal Circuit Court's decisions; therefore, the application for extension of time within which to seek leave to appeal is refused.

Parties
Applicant: EGV17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time within which to seek leave to appeal refused with costs.
Legal Topics
Protection Visas, Extension of Time, Leave to Appeal, Interpretation of Credibility, Jurisdictional Error
Migration Law Administrative Law Protection Visas Extension of Time Leave to Appeal Interpretation of Credibility Jurisdictional Error

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Parties

EGV17

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 / Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek leave to appeal from an interlocutory decision of the Federal Circuit Court
  2. 2 Whether there is a proper basis for leave to appeal from the Federal Circuit Court's dismissal of the application

Ratio Decidendi

The proposed ground of appeal lacks merit or intelligible substance, and there is no jurisdictional error in the Tribunal's or Federal Circuit Court's decisions; therefore, the application for extension of time within which to seek leave to appeal is refused.

Court Disposition

Application for extension of time within which to seek leave to appeal refused with costs.

Orders

  • The application for an extension of time within which to seek leave to appeal be refused.
  • The applicant pay the first respondent's costs, to be assessed if not agreed.