AKN17 v Minister for Immigration and Border Protection [2019] FCA 741

The applicant failed to provide a reasonable explanation for not filing the appeal within the prescribed time and did not raise any arguable grounds of appeal. Therefore, the application for extension of time must be dismissed, with costs ordered against the applicant.

Jurisdiction: Australia
Judgment Date: 03 May 2019
Procedural Posture: Application for Extension of Time to File Notice of Appeal / Judgment on Application for Extension of Time
Outcome: Application for extension of time dismissed.
Legal Topics: ['protection Visa Refusal' 'extension of Time Applications' 'judicial Review' 'procedural Fairness']

['migration Law' 'administrative Law'] ['protection Visa Refusal' 'extension of Time Applications' 'judicial Review' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time to File Notice of Appeal / Judgment on Application for Extension of Time

Legal Issues

1 ['Whether the applicant provided a reasonable explanation for the delay in filing the notice of appeal' 'Whether the applicant demonstrated any arguable grounds of appeal']

Ratio Decidendi

Court Disposition

Application for extension of time dismissed.

Orders

["The applicant's application for an extension of time in which to file a notice of appeal be dismissed." "The applicant pay the first respondent's costs of the application as agreed or assessed."]