ARN17 v Minister for Immigration and Border Protection [2018] FCA 974

ARN17 v Minister for Immigration and Border Protection [2018] FCA 974

The application for extension of time was dismissed because there was not an adequate explanation for the entirety of the delay and the proposed appeal did not have reasonable prospects of success, particularly as the applicant's challenge to the IAA's application of s 473DD was not reasonably arguable.

Parties
Applicant: ARN17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Judicial Review, Exceptional Circumstances, Migration Act S 473 DD, Fast Track Review, Jurisdictional Error
Migration Law Administrative Law Extension of Time Judicial Review Exceptional Circumstances Migration Act S 473 DD Fast Track Review Jurisdictional Error

Case Brief

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Parties

ARN17

Applicant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there was an adequate explanation for the delay in filing the notice of appeal
  2. 2 Whether the proposed appeal had reasonable prospects of success
  3. 3 Whether the Immigration Assessment Authority erred in applying s 473DD of the Migration Act 1958 (Cth)

Ratio Decidendi

The application for extension of time was dismissed because there was not an adequate explanation for the entirety of the delay and the proposed appeal did not have reasonable prospects of success, particularly as the applicant's challenge to the IAA's application of s 473DD was not reasonably arguable.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The orders in paragraphs 4 and 5 of the orders of 15 May 2018 are revoked.