CWT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 588

The application for an extension of time to file an appeal was dismissed because the delay was excessive, the explanation for it was unsatisfactory, and the proposed grounds of appeal had no reasonable prospects of success.

Jurisdiction: Australia
Judgment Date: 04 June 2021
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Application for Extension of Time in Appeal
Outcome: Application dismissed with costs
Legal Topics: ['extension of Time' 'judicial Review' 'protection Visa' 'procedural Fairness']

['migration Law' 'administrative Law'] ['extension of Time' 'judicial Review' 'protection Visa' 'procedural Fairness']

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time in Appeal

Legal Issues

1 ['Whether an extension of time should be granted for an appeal from a decision of the Federal Circuit Court' 'Whether there was an acceptable explanation for the delay in seeking to appeal' 'Whether the proposed grounds of appeal have reasonable prospects of success']

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

["The name of the first respondent be amended to read 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs, as agreed or taxed."]