BRGAO v Minister for Immigration & Citizenship [2009] FCA 126

BRGAO v Minister for Immigration & Citizenship [2009] FCA 126

The extension of time was refused because the only explanation for the delay was financial constraints, which was not an acceptable explanation and did not constitute special reasons under O 52 r 15(2), and because the proposed appeal had no arguable merit: the Federal Magistrate's reasons showed repeated opportunities and directions to provide further material to the Tribunal, no material or written request for extension was provided, and no arguable error or denial of procedural fairness was demonstrated.

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Migration Appeal; Application for Extension of Time to File and Serve a Notice of Appeal / Application for Leave to File and Serve Notice of Appeal Out of Time From Judgment of Wilson FM
Outcome
Application for extension of time refused.
Legal Topics
['extension of Time' 'leave to Appeal' 'procedural Fairness' 'refugee Review Tribunal' 'adjournment' 'certification of Migration Litigation']
['migration Law' 'administrative Law' 'civil Procedure'] ['extension of Time' 'leave to Appeal' 'procedural Fairness' 'refugee Review Tribunal' 'adjournment' 'certification of Migration Litigation']

Case Brief

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Procedural Posture

Migration Appeal; Application for Extension of Time to File and Serve a Notice of Appeal / Application for Leave to File and Serve Notice of Appeal Out of Time From Judgment of Wilson FM

Legal Issues

  1. 1 ['Whether special reasons and an acceptable explanation were shown for filing the Notice of Appeal out of time.' "Whether the proposed appeal had sufficient merit or any arguable error in Wilson FM's judgment." 'Whether there was an arguable denial of procedural fairness by the Refugee Review Tribunal in not allowing further time for information and material.' 'Whether refusal of an adjournment by the Federal Magistrate disclosed appealable error.']

Ratio Decidendi

The extension of time was refused because the only explanation for the delay was financial constraints, which was not an acceptable explanation and did not constitute special reasons under O 52 r 15(2), and because the proposed appeal had no arguable merit: the Federal Magistrate's reasons showed repeated opportunities and directions to provide further material to the Tribunal, no material or written request for extension was provided, and no arguable error or denial of procedural fairness was demonstrated.

Court Disposition

Application for extension of time refused.

Orders

  • ['The extension of time is refused' 'The applicant pay the costs of and incidental to the proceedings, to be taxed if not agreed.']