W281 v Minister for Immigration & Multicultural Affairs [2002] FCA 1595

W281 v Minister for Immigration & Multicultural Affairs [2002] FCA 1595

The application for extension of time was refused because the proposed appeal was bound to fail due to a jurisdictional time bar; the applicant's application for review was not lodged within the statutory period and the Court has no power to extend this statutory time limit.

Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time' 'jurisdiction' 'protection Visa' 'migration Detention']
['administrative Law' 'immigration Law'] ['extension of Time' 'jurisdiction' 'protection Visa' 'migration Detention']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the time for filing and serving a notice of appeal should be extended' 'Whether the proposed appeal has any merit']

Ratio Decidendi

The application for extension of time was refused because the proposed appeal was bound to fail due to a jurisdictional time bar; the applicant's application for review was not lodged within the statutory period and the Court has no power to extend this statutory time limit.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]