BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355

BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355

An extension of time was granted because the delay in seeking to appeal should not bar the applicant in light of the disruption caused by the Covid-19 pandemic, counsel's circumstances, and the seriousness of the evidence concerning the applicant's mental illness, and because there was a live issue as to the legitimacy of the lower courts' categorical treatment of delay under s 477(2) of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
13 April 2021
Procedural Posture
Application for an Extension of Time to File a Notice of Appeal / Application Before Allsop CJ From Orders Dismissing an Application Under S 39 B of the Judiciary Act 1903 (cth)
Outcome
Extension of time granted.
Legal Topics
['extension of Time to File Notice of Appeal' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'covid 19 Pandemic Delay' 'mental Illness' 'interests of the Administration of Justice']
['practice and Procedure' 'migration' 'administrative Law'] ['extension of Time to File Notice of Appeal' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'covid 19 Pandemic Delay' 'mental Illness' 'interests of the Administration of Justice']

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Procedural Posture

Application for an Extension of Time to File a Notice of Appeal / Application Before Allsop CJ From Orders Dismissing an Application Under S 39 B of the Judiciary Act 1903 (cth)

Legal Issues

  1. 1 ['Whether time should be extended to permit the applicant to file and serve a notice of appeal from the orders made on 20 May 2020.' "Whether delay caused by the Covid-19 pandemic and the applicant's mental illness should stand in the way of an extension of time." "Whether the proposed appeal lacked sufficient merit, including whether the Federal Circuit Court judge's treatment of s 477(2) of the Migration Act 1958 (Cth) involved jurisdictional error by requiring an exceptional case because of delay."]

Ratio Decidendi

An extension of time was granted because the delay in seeking to appeal should not bar the applicant in light of the disruption caused by the Covid-19 pandemic, counsel's circumstances, and the seriousness of the evidence concerning the applicant's mental illness, and because there was a live issue as to the legitimacy of the lower courts' categorical treatment of delay under s 477(2) of the Migration Act 1958 (Cth).

Court Disposition

Extension of time granted.

Orders

  • ['On or before 23 April 2021, the applicant file and serve a notice of appeal from the orders and judgment of the Court delivered on 20 May 2020 in such form as the applicant considers appropriate.' "The applicant's costs be costs in the appeal." "The first respondent's name be amended to Minister for Immigration,...