BYY15 v Minister for Immigration and Border Protection [2018] FCA 116

BYY15 v Minister for Immigration and Border Protection [2018] FCA 116

The extension of time was refused because, although the delay was not particularly lengthy and the first respondent conceded no prejudice beyond the public interest in finality, the applicant did not provide a proper explanation for the delay and the proposed appeal was unmeritorious. The medical certificate related to a period after the appeal time had expired, did not explain how the illness prevented filing during the relevant 21-day period, and was not meaningful evidence. The applicant was aware of the Federal Circuit Court decision when it was delivered ex tempore in his presence. The Tribunal had correctly identified and applied s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958...

Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Migration Application for Extension of Time to File Notice of Appeal From a Federal Circuit Court Judicial Review Decision / Application for Extension of Time Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'medical Certificate as Explanation for Delay']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'medical Certificate as Explanation for Delay']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Application for Extension of Time to File Notice of Appeal From a Federal Circuit Court Judicial Review Decision / Application for Extension of Time Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time under r 36.05(1) of the Federal Court Rules 2011 (Cth) to file a notice of appeal from the Federal Circuit Court decision.' 'Whether the applicant provided an adequate explanation for the delay in filing the proposed appeal.' 'Whether the proposed appeal had sufficient merit, including whether the Federal Circuit Court erred in finding no jurisdictional error in the Administrative Appeals Tribunal decision.']

Ratio Decidendi

The extension of time was refused because, although the delay was not particularly lengthy and the first respondent conceded no prejudice beyond the public interest in finality, the applicant did not provide a proper explanation for the delay and the proposed appeal was unmeritorious. The medical certificate related to a period after the appeal time had expired, did not explain how the illness prevented filing during the relevant 21-day period, and was not meaningful evidence. The applicant was aware of the Federal Circuit Court decision when it was delivered ex tempore in his presence. The Tribunal had correctly identified and applied s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958...

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent, as agreed or as assessed.']