ACS18 v Minister for Home Affairs [2019] FCA 111

The prescribed 28-day period to apply for review lapsed; the Tribunal had no jurisdiction to consider a late application and no utility in granting extension for appeal doomed to fail.

Jurisdiction: Australia
Judgment Date: 13 February 2019
Procedural Posture: Application for Extension of Time to Appeal / Judgment
Outcome: Application dismissed
Legal Topics: ['extension of Time to Appeal' 'jurisdiction of Administrative Appeals Tribunal' 'protection Visas']

['administrative Law' 'migration Law'] ['extension of Time to Appeal' 'jurisdiction of Administrative Appeals Tribunal' 'protection Visas']

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Procedural Posture

Application for Extension of Time to Appeal / Judgment

Legal Issues

1 ['Whether there is an acceptable explanation for delay in applying for extension of time to appeal' 'Whether the Tribunal had jurisdiction to consider the application' 'Merits of the appeal']

Ratio Decidendi

The prescribed 28-day period to apply for review lapsed; the Tribunal had no jurisdiction to consider a late application and no utility in granting extension for appeal doomed to fail.

Court Disposition

Application dismissed

Orders

['Application dismissed' "First and second applicants to pay first respondent's costs as agreed or taxed"]