AQQ15 v Minister for Immigration and Border Protection [2018] FCA 345

AQQ15 v Minister for Immigration and Border Protection [2018] FCA 345

The applicant failed to provide an acceptable explanation for the delay, and the medical certificate did not contain sufficient details; further, the proposed appeal raised no proper legal basis, thus there was no utility in granting an extension of time.

Parties
Applicant: AQQ15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Adequacy of Medical Evidence, Explanation for Delay
Migration Law Administrative Law Extension of Time Leave to Appeal Adequacy of Medical Evidence Explanation for Delay

Case Brief

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Parties

AQQ15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment

Legal Issues

  1. 1 Whether sufficient explanation was provided for delay in filing application for leave to appeal
  2. 2 Whether medical evidence was adequate to justify delay
  3. 3 Whether seeking legal assistance is a sufficient explanation for delay

Ratio Decidendi

The applicant failed to provide an acceptable explanation for the delay, and the medical certificate did not contain sufficient details; further, the proposed appeal raised no proper legal basis, thus there was no utility in granting an extension of time.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time and leave to appeal filed on 11 November 2016 be dismissed.
  • The applicant pay the costs of the First Respondent, such costs to be taxed in default of agreement.