FEDERAL COURT OF AUSTRALIA
BAV16 v Minister for Home Affairs [2019] FCA 292
ORDERS
ACD 39 of 2018 BETWEEN: BAV16
Applicant
AND: MINISTER FOR HOME AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE:
CHARLESWORTH J
DATE OF ORDER:
15 FEBRUARY 2019
THE COURT ORDERS THAT:
1.The order in paragraph 1 of the orders made on 9 November 2018 be set aside.
2.The order in paragraph 2 of the orders made on 9 November 2018 be set aside.
3.The originating application filed on 21 June 2018 is dismissed.
4.Subject to the order in paragraph 5, the applicant is to pay the first respondent’s costs as agreed or assessed.
5.In the event that an agreement (including as to payment by way of instalments) cannot be reached, the Registrar may vary the order…
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- Case
- [2019] FCA 292
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the applicant had provided a reasonable explanation for the delay in lodging the appeal and whether the proposed appeal had a reasonable chance of success. The court had to weigh the applicant's submissions against the Minister's opposition and consider the relevant legal principles concerning extensions of time and the merits of the proposed appeal.
The court found that the applicant had not provided a satisfactory explanation for the delay in filing the appeal, nor had they demonstrated that the proposed appeal had a reasonable chance of success. Consequently, the court dismissed the originating application and set aside the previous orders that had granted the applicant an extension of time to appeal. The court ordered that the applicant pay the Minister's costs as agreed or assessed, with the possibility for the Registrar to vary the order if an agreement on payment could not be reached.
The court's decision was based on the applicant's failure to provide a reasonable excuse for the delay and the lack of merit in the proposed appeal. The court's final orders included setting aside the previous orders granting an extension of time, dismissing the originating application, and directing the applicant to pay the Minister's costs.
Orders
Orders of the court
1. The order in paragraph 1 of the orders made on 9 November 2018 be set aside.
2. The order in paragraph 2 of the orders made on 9 November 2018 be set aside.
3. The originating application filed on 21 June 2018 is dismissed.
4. Subject to the order in paragraph 5, the applicant is to pay the first respondent’s costs as agreed or assessed.
5. In the event that an agreement (including as to payment by way of instalments) cannot be reached, the Registrar may vary the order in paragraph 4, including for the purpose of providing for the payment of costs by way of instalments.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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