AJK15 v Minister for Immigration and Border Protection [2018] FCA 152

AJK15 v Minister for Immigration and Border Protection [2018] FCA 152

The applicant did not provide an adequate explanation for the delay nor demonstrate sufficient merit in the proposed appeal. The Tribunal afforded procedural fairness and applied the correct legal test. The prospects of appeal succeeding were negligible; therefore, the application for extension of time was dismissed.

Parties
Applicant: AJK15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension of Time Application
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Judicial Review, Procedural Fairness, Appeals
Administrative Law Immigration Law Extension of Time Judicial Review Procedural Fairness Appeals

Case Brief

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Parties

AJK15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there was an acceptable explanation for the delay in filing appeal
  2. 2 Whether there would be prejudice to the respondent from the extension
  3. 3 Whether the proposed appeal has sufficient merit to justify extension of time

Ratio Decidendi

The applicant did not provide an adequate explanation for the delay nor demonstrate sufficient merit in the proposed appeal. The Tribunal afforded procedural fairness and applied the correct legal test. The prospects of appeal succeeding were negligible; therefore, the application for extension of time was dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the first respondent's costs of the application, such costs to be taxed in default of agreement.