BTY15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1518

BTY15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1518

The applicant failed to provide an adequate explanation for the lengthy delay in filing for an extension of time, and the proposed grounds of appeal did not disclose any arguable basis or reasonable prospects of success. The Tribunal had properly considered the evidence and found the applicant's claims not credible. Accordingly, the application for extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Application for Extension of Time to Appeal / Judgment
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time for Appeal' 'protection Visa' 'judicial Review' 'tribunal Decisions' 'delay in Filing Appeal']
['migration Law' 'administrative Law'] ['extension of Time for Appeal' 'protection Visa' 'judicial Review' 'tribunal Decisions' 'delay in Filing Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment

Legal Issues

  1. 1 ['Whether the applicant provided an adequate explanation for the delay in filing the appeal' 'Whether the appeal had reasonable prospects of success' 'Whether any jurisdictional error attended the Tribunal’s process']

Ratio Decidendi

The applicant failed to provide an adequate explanation for the lengthy delay in filing for an extension of time, and the proposed grounds of appeal did not disclose any arguable basis or reasonable prospects of success. The Tribunal had properly considered the evidence and found the applicant's claims not credible. Accordingly, the application for extension of time was dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time filed on 26 July 2018 be dismissed.' "The applicant pay the first respondent's costs." "On the application of the first respondent, the first respondent's designation be changed to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs."]