FEH18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1512

FEH18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1512

The applicant failed to provide a satisfactory explanation for the delay; the grounds for leave to appeal lack merit, and the proposed appeal has no realistic prospects of success. The interests of justice do not justify granting an extension of time or leave to appeal. The application is dismissed and costs are ordered against the applicant.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'reinstatement of Proceedings' 'credibility Assessment']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'reinstatement of Proceedings' 'credibility Assessment']

Case Brief

Summary, issues, holding and outcome

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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 applicant should be granted an extension of time to file an appeal' 'Whether leave to appeal should be granted from the refusal to reinstate application for judicial review' "Whether credible grounds of appeal exist regarding the Administrative Appeals Tribunal's findings"]

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the delay; the grounds for leave to appeal lack merit, and the proposed appeal has no realistic prospects of success. The interests of justice do not justify granting an extension of time or leave to appeal. The application is dismissed and costs are ordered against the applicant.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application, to be fixed by way of an agreed lump sum." 'In the absence of any agreement pursuant to order 2, the question of an appropriate lump sum be referred to a Registrar for...