AWU16 v Minister for Immigration and Border Protection [2019] FCA 1241

The delay of three days is sufficiently explained and, given the applicant’s circumstances and the merits of the s 438 ground, it is in the interests of the administration of justice to extend time for appeal.

Parties: Applicant: AWU16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 08 August 2019
Procedural Posture: Migration Appeal / Application for Extension of Time and Leave to Appeal
Outcome: Extension of time granted and leave to appeal out of time granted.
Legal Topics: Extension of Time, Appeals, Judicial Review, Procedural Fairness

Administrative Law Human Rights Law Migration Law Extension of Time Appeals Judicial Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

AWU16

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

1 Whether s 438 certificate issue is sufficient to grant extension of time
2 Whether there was a reasonable explanation for delay in filing
3 Whether it is in the interests of the administration of justice to grant extension

Ratio Decidendi

Court Disposition

Extension of time granted and leave to appeal out of time granted.

Orders

The time in which the applicant may file an appeal is extended to 18 October 2018.
The draft notice of appeal filed on 18 October 2018 stands as the notice of appeal.