FHC17 v Minister for Immigration and Border Protection [2019] FCA 827

FHC17 v Minister for Immigration and Border Protection [2019] FCA 827

The applicant's proposed grounds of appeal were found to be hopeless as they either had not been raised before the Authority, lacked factual basis, or were not supported by any identified legal error, and thus there was no reasonable prospect of success warranting an extension of time.

Parties
Applicant: FHC17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Application for Extension of Time to Appeal / Hearing of Extension Application
Outcome
Application dismissed with costs
Legal Topics
Extension of Time for Appeal, Judicial Review, Protection Visas, Jurisdictional Error
Migration Law Administrative Law Extension of Time for Appeal Judicial Review Protection Visas Jurisdictional Error

Case Brief

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Parties

FHC17

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Hearing of Extension Application

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the grounds of appeal have reasonable prospects of success

Ratio Decidendi

The applicant's proposed grounds of appeal were found to be hopeless as they either had not been raised before the Authority, lacked factual basis, or were not supported by any identified legal error, and thus there was no reasonable prospect of success warranting an extension of time.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed.
  • The applicant is to pay the costs of the first respondent as agreed or assessed.