Manandhar v Minister for Immigration and Border Protection [2018] FCA 2035

Manandhar v Minister for Immigration and Border Protection [2018] FCA 2035

Extension of time in which to appeal was refused due to unsatisfactory explanation for delay and absence of merit in proposed grounds of appeal; proposed grounds lacked prospects of success and no error was exposed in the reasoning of the primary judge.

Parties
Appellant: Kiran Manandhar; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Application for Extension of Time / Federal Court Determination of Application
Outcome
Applicant's application for extension of time refused; proceeding dismissed; costs awarded to First Respondent.
Legal Topics
Extension of Time, Judicial Review, Procedural Fairness, Jurisdictional Error
Administrative Law Constitutional Law Human Rights Extension of Time Judicial Review Procedural Fairness Jurisdictional Error

Case Brief

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Parties

Kiran Manandhar

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time / Federal Court Determination of Application

Legal Issues

  1. 1 Whether adequate explanation for delay in filing appeal
  2. 2 Whether proposed grounds of appeal have prospects of success
  3. 3 Whether procedural fairness was denied by Tribunal and Federal Circuit Court

Ratio Decidendi

Extension of time in which to appeal was refused due to unsatisfactory explanation for delay and absence of merit in proposed grounds of appeal; proposed grounds lacked prospects of success and no error was exposed in the reasoning of the primary judge.

Court Disposition

Applicant's application for extension of time refused; proceeding dismissed; costs awarded to First Respondent.

Orders

  • The First Respondent's application made pursuant to r 36.75 of the Federal Court Rules 2011 (Cth) to have the proceeding dismissed is rejected.
  • The Applicant's application for an extension of time is refused.