Vu v Minister for Immigration and Citizenship [2008] FCAFC 59

Vu v Minister for Immigration and Citizenship [2008] FCAFC 59

The application for an extension of time was dismissed because the applicant did not show special reasons under O 52 r 15(2). His request for ministerial intervention under s 351 after the Federal Magistrate's judgment was not an acceptable explanation for failing to lodge an appeal within 21 days, the applicant was legally represented and aware of time limits, and the existence of appeal prospects was not sufficient to justify departure from the ordinary time limit. Gyles J and Besanko J also held that the applicant would have no reasonable prospects of success on appeal.

Jurisdiction
Australia
Judgment Date
17 April 2008
Procedural Posture
Migration Application for Extension of Time to File and Serve a Notice of Appeal / Full Court Application Under O 52 R 15(2) of the Federal Court Rules From a Judgment of the Federal Magistrates Court of Australia
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'special Reasons' 'delay' 'judicial Review of Migration Review Tribunal Decision' 'notification of Tribunal Decision' 'discretionary Refusal of Constitutional Writs']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['extension of Time to Appeal' 'special Reasons' 'delay' 'judicial Review of Migration Review Tribunal Decision' 'notification of Tribunal Decision' 'discretionary Refusal of Constitutional Writs']

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Procedural Posture

Migration Application for Extension of Time to File and Serve a Notice of Appeal / Full Court Application Under O 52 R 15(2) of the Federal Court Rules From a Judgment of the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether special reasons were shown under O 52 r 15(2) of the Federal Court Rules to permit the applicant to file and serve a Notice of Appeal out of time.' 'Whether the applicant gave an acceptable explanation for filing the extension application about 14 weeks after the time for appeal expired.' "Whether the proposed appeal had reasonable prospects of success concerning the Federal Magistrate's reliance on deemed notification and delay." "Whether the applicant's request for ministerial intervention under s 351 of the Migration Act 1958 (Cth) explained the failure to appeal within time."]

Ratio Decidendi

The application for an extension of time was dismissed because the applicant did not show special reasons under O 52 r 15(2). His request for ministerial intervention under s 351 after the Federal Magistrate's judgment was not an acceptable explanation for failing to lodge an appeal within 21 days, the applicant was legally represented and aware of time limits, and the existence of appeal prospects was not sufficient to justify departure from the ordinary time limit. Gyles J and Besanko J also held that the applicant would have no reasonable prospects of success on appeal.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent of the application.']