FNY18 v Minister for Home Affairs [2019] FCA 1254

FNY18 v Minister for Home Affairs [2019] FCA 1254

There was no error in the primary judge's approach in concluding that the present protection visa application was invalid under s 48A of the Migration Act 1958 (Cth) and disposing of the matter accordingly. No substantive or procedural error was identified that would warrant granting an extension of time or leave to appeal.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Migration Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Application for an extension of time dismissed with costs
Legal Topics
['extension of Time' 'protection Visa' 'invalid Application' 'show Cause Dismissal']
['migration Law'] ['extension of Time' 'protection Visa' 'invalid Application' 'show Cause Dismissal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the primary judge erred in dismissing the application on the basis that the second protection visa application was invalid under s 48A of the Migration Act 1958 (Cth)' "Whether any error was made in the assessment or in not considering applicant's supporting material"]

Ratio Decidendi

There was no error in the primary judge's approach in concluding that the present protection visa application was invalid under s 48A of the Migration Act 1958 (Cth) and disposing of the matter accordingly. No substantive or procedural error was identified that would warrant granting an extension of time or leave to appeal.

Court Disposition

Application for an extension of time dismissed with costs

Orders

  • ['The application for an extension of time be dismissed with costs']