BML17 v Minister for Immigration and Border Protection [2019] FCA 679

Procedural Posture

Migration Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From Judgment and Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of the Immigration Assessment Authority's Decision

Legal Issues

1. 1 ['Whether an extension of time should be granted where the applicant filed the appeal six days out of time and gave no explanation for the delay.' 'Whether the proposed grounds of appeal identified any appellable error by the primary judge.' 'Whether the Immigration Assessment Authority conducted its review in a legally unreasonable manner by not exercising or considering its power under s 473DC(3) of the Migration Act 1958 (Cth) to invite the applicant to an interview or written response about safe travel to his home territory.' 'Whether proposed grounds abandoned or not pressed before the primary judge should be allowed to be argued on appeal.']

Ratio Decidendi

The application for an extension of time was refused because the applicant provided no explanation for being six days out of time and, more importantly, the proposed grounds did not identify appellable error by the primary judge. Grounds abandoned or not pressed below would not justify an extension, and the remaining legal unreasonableness ground lacked merit because the primary judge was correct to conclude that the IAA could decide the safe travel issue on the material already before it without using s 473DC(3).

Court Disposition

Application for an extension of time refused; applicant ordered to pay the first respondent's costs as agreed or assessed.

Orders

• ['The name of the first respondent be changed to Minister for Home Affairs.' 'The application for an extension of time be refused.' 'The applicant pay the costs of the first respondent, as agreed or assessed.']