EHB17 v Minister for Home Affairs

Case

[2018] FCA 1280

22 August 2018


Details
AGLC Case Decision Date
EHB17 v Minister for Home Affairs [2018] FCA 1280 [2018] FCA 1280 22 August 2018

CaseChat Overview and Summary

EHB17 sought an extension of time to appeal from orders of the Federal Circuit Court of Australia that had dismissed an application for judicial review of a decision of the Immigration Assessment Authority. The grounds of review in the Federal Circuit Court were found to be without particulars. The Minister for Home Affairs opposed the application for an extension of time, and the matter came before the court to determine whether the extension should be granted.

The court considered the provisions of the Federal Court Rules 2011 and assessed whether there was a basis for granting the extension of time. The court noted that the application was not supported by particulars and found that there was no basis for the grant of relief. The court concluded that the application for an extension of time should be dismissed and ordered that the applicant pay the costs of the Minister fixed in the amount of $1,756.00, being the amount contemplated by the relevant rules.

The court found that the applicant had not shown any basis for the grant of relief and dismissed the application for an extension of time. The court further ordered that the applicant pay the costs of the Minister, fixed in the amount of $1,756.00 within three months. The Minister did not object to the three-month period for payment.

The court made it clear that the application for an extension of time was dismissed and that the applicant was required to pay the costs of the Minister. The court also allowed the applicant a three-month period to pay the costs, as the Minister did not object to this arrangement.
Details

Areas of Law

  • Immigration & Refugee Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Appeal