ACP16 v Minister for Immigration and Border Protection [2017] FCA 1441

ACP16 v Minister for Immigration and Border Protection [2017] FCA 1441

The applicants' proposed grounds of appeal had no prospect of success; the Tribunal afforded procedural fairness and considered the statutory obligations. Leave to appeal and extension of time were refused because there was no arguable case, and the application was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
application dismissed with costs
Legal Topics
['protection Visas' 'judicial Review' 'procedural Fairness' 'extension of Time' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'procedural Fairness' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether there are prospects of success on proposed appeal grounds justifying extension of time and leave to appeal from interlocutory decision' 'Whether the Tribunal denied procedural fairness by deciding without oral evidence or submissions from applicants' 'Whether the Tribunal or the primary judge made reviewable legal or factual errors']

Ratio Decidendi

The applicants' proposed grounds of appeal had no prospect of success; the Tribunal afforded procedural fairness and considered the statutory obligations. Leave to appeal and extension of time were refused because there was no arguable case, and the application was therefore dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • ['The application is dismissed.' "The applicants pay the first respondent's costs of the application."]