GID18 v Minister for Home Affairs [2019] FCA 1252

GID18 v Minister for Home Affairs [2019] FCA 1252

The application for extension of time and leave to appeal must be dismissed because s 48A of the Migration Act 1958 (Cth) is a bar to the applicant making a second application for a protection visa, and the applicant did not appear at the hearing.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal at Hearing
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa' 'judicial Review']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'protection Visa' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal at Hearing

Legal Issues

  1. 1 ['Whether the applicant can make a second application for a protection visa after the disposition of the first application in light of s 48A of the Migration Act 1958 (Cth)' 'Whether extension of time and leave to appeal should be granted']

Ratio Decidendi

The application for extension of time and leave to appeal must be dismissed because s 48A of the Migration Act 1958 (Cth) is a bar to the applicant making a second application for a protection visa, and the applicant did not appear at the hearing.

Court Disposition

Application dismissed with costs

Orders

  • ['The application for an extension of time in which to file and serve an application for leave to appeal be dismissed with costs.' 'If the applicant seeks to have Order 1 set aside as an order made in his absence, the matter is to be listed before Allsop CJ.']