AJH17 v Minister for Immigration and Border Protection [2018] FCA 718
No satisfactory explanation for delay in seeking an appeal was provided by the applicants, and the sole draft ground of appeal lacked merit as no jurisdictional error could be identified in the IAA's decision or error by the primary judge.
- Jurisdiction
- Australia
- Judgment Date
- 21 May 2018
- Procedural Posture
- Application for Extension of Time to Appeal / Federal Court Judgment on Application for Extension of Time
- Outcome
- Application for extension of time dismissed; costs awarded against first applicant.
- Legal Topics
- ['extension of Time' 'judicial Review' 'protection Visas' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Appeal / Federal Court Judgment on Application for Extension of Time
Legal Issues
- 1 ['Whether the applicants have provided a satisfactory explanation for delay in filing appeal.' 'Whether the grounds of appeal have merit, specifically whether a jurisdictional error was made.']
Ratio Decidendi
No satisfactory explanation for delay in seeking an appeal was provided by the applicants, and the sole draft ground of appeal lacked merit as no jurisdictional error could be identified in the IAA's decision or error by the primary judge.
Court Disposition
Application for extension of time dismissed; costs awarded against first applicant.
Orders
- ['The application for extension of time filed on 1 December 2017 be dismissed.' 'The First Applicant pay the costs of the First Respondent of and incidental to this application, such costs to be taxed if not otherwise agreed.']
Full Case Text
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