BBE15 v Minister for Immigration and Border Protection

CaseChat Overview and Summary

In the matter of BBE15 v Minister for Immigration and Border Protection, the applicant sought special leave to appeal against a decision of the Federal Court of Australia. The Federal Court had previously dismissed an application for special leave to appeal made by the applicant on 12 October 2017. The present application for special leave was made by the applicant to the High Court of Australia.

The legal issues before the court involved determining whether the applicant had prospects of success in the proposed appeal. The court was required to consider whether it was appropriate to grant an extension of time to the applicant for making the application and whether it would be futile to grant special leave to appeal. The court had to evaluate the circumstances of the case and assess the merits of the application.

The court found that the application had no prospects of success and that it would be futile to grant the extension of time sought by the applicant. The court held that the previous refusal of special leave to appeal by the High Court on 12 October 2017 indicated that the applicant's appeal would not have been successful. Therefore, the court decided to refuse the application for special leave to appeal.

The court further directed the Registrar to draw up, sign, and seal an order dismissing the application with costs, pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth). This order was made on 13 February 2019 by S.J. Gageler.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established