Haider v Minister for Immigration and Border Protection [2016] FCA 1369

Haider v Minister for Immigration and Border Protection [2016] FCA 1369

No jurisdictional error was demonstrated in the Tribunal's decision; the failure of the applicant to provide grounds for jurisdictional error means the appeal would have no reasonable prospect of success. Therefore, there is no basis to grant an extension of time or leave to appeal.

Parties
Applicant: Jahanzaib Haider; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 November 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Associated Leave to Appeal
Outcome
Application for extension of time and associated application for leave to appeal dismissed.
Legal Topics
Extension of Time Applications, Judicial Review, Jurisdictional Error, Default Procedure
Migration Law Administrative Law Practice and Procedure Extension of Time Applications Judicial Review Jurisdictional Error Default Procedure

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Parties

Jahanzaib Haider

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Associated Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time and leave to appeal against the Federal Circuit Court's dismissal of his judicial review application
  2. 2 Whether any jurisdictional error was manifest in the Tribunal's decision

Ratio Decidendi

No jurisdictional error was demonstrated in the Tribunal's decision; the failure of the applicant to provide grounds for jurisdictional error means the appeal would have no reasonable prospect of success. Therefore, there is no basis to grant an extension of time or leave to appeal.

Court Disposition

Application for extension of time and associated application for leave to appeal dismissed.

Orders

  • The application for an extension of time and associated application for leave to appeal be dismissed.
  • The applicant is to pay the first respondent's costs of and incidental to the application, to be taxed if not agreed.