EDG17 v Minister for Immigration and Border Protection [2019] FCA 857

EDG17 v Minister for Immigration and Border Protection [2019] FCA 857

The application for an extension of time was dismissed since the applicant failed to provide sufficient reasons for delay, was able to present his arguments using video link and an interpreter, and his medical and procedural complaints did not prevent him from adequately preparing or advancing his case. There was no entitlement to appear in person, and no satisfactory basis for introducing new evidence or for adjournment was presented.

Jurisdiction
Australia
Judgment Date
05 June 2019
Procedural Posture
Judicial Review Extension of Time / Application for Extension of Time to Seek Judicial Review, Determination at Hearing
Outcome
Application for extension of time dismissed; costs awarded to First Respondent (Minister)
Legal Topics
['extension of Time Applications' 'judicial Review' 'procedural Fairness']
['administrative Law' 'immigration Law'] ['extension of Time Applications' 'judicial Review' 'procedural Fairness']

Case Brief

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Procedural Posture

Judicial Review Extension of Time / Application for Extension of Time to Seek Judicial Review, Determination at Hearing

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek judicial review of the Federal Circuit Court decision' 'Whether medical and personal circumstances justify an adjournment or extension of time to appeal']

Ratio Decidendi

The application for an extension of time was dismissed since the applicant failed to provide sufficient reasons for delay, was able to present his arguments using video link and an interpreter, and his medical and procedural complaints did not prevent him from adequately preparing or advancing his case. There was no entitlement to appear in person, and no satisfactory basis for introducing new evidence or for adjournment was presented.

Court Disposition

Application for extension of time dismissed; costs awarded to First Respondent (Minister)

Orders

  • ['The application for an extension of time be dismissed.' "The Applicant pay the Minister's costs of and incidental to the application."]