Turaga v Minister for Immigration and Border Protection [2017] FCA 58

Turaga v Minister for Immigration and Border Protection [2017] FCA 58

The application for an extension of time was refused because the delay of more than six years was extreme and not persuasively explained, and the proposed appeal had no arguable prospects. Mr Turaga was notified of the visa cancellation on 19 March 2010. The nine day period under s 500(6B) of the Migration Act 1958 (Cth) was calculated in calendar days; because the ninth day fell on Sunday 28 March 2010, s 36(2) of the Acts Interpretation Act 1901 (Cth) extended the deadline to Monday 29 March 2010. The review application was not lodged until 31 March 2010, and the Tribunal had no power to extend the statutory period, so it correctly held that it lacked jurisdiction.

Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Application for Extension of Time Within Which to Bring an Appeal From a Decision of the Administrative Appeals Tribunal / Federal Court Application for Extension of Time Under R 33.13 of the Federal Court Rules 2011 (cth) to Appeal Under S 44(2 A) of the Administrative Appeals Tribunal Act 1975 (cth)
Outcome
Application for extension of time refused and application dismissed, with costs to the first respondent.
Legal Topics
['visa Cancellation' 'administrative Appeals Tribunal Jurisdiction' 'extension of Time' 'calculation of Time' 'limitation Period']
['migration' 'administrative Law'] ['visa Cancellation' 'administrative Appeals Tribunal Jurisdiction' 'extension of Time' 'calculation of Time' 'limitation Period']

Case Brief

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Procedural Posture

Application for Extension of Time Within Which to Bring an Appeal From a Decision of the Administrative Appeals Tribunal / Federal Court Application for Extension of Time Under R 33.13 of the Federal Court Rules 2011 (cth) to Appeal Under S 44(2 A) of the Administrative Appeals Tribunal Act 1975 (cth)

Legal Issues

  1. 1 ["Whether the Court should grant an extension of time of more than six years for Mr Turaga to appeal from the Tribunal's decision." 'Whether the Tribunal miscalculated the nine day period for lodging an application for review under s 500(6B) of the Migration Act 1958 (Cth).' 'Whether the Tribunal had power to extend the nine day time limit for lodging the review application.']

Ratio Decidendi

The application for an extension of time was refused because the delay of more than six years was extreme and not persuasively explained, and the proposed appeal had no arguable prospects. Mr Turaga was notified of the visa cancellation on 19 March 2010. The nine day period under s 500(6B) of the Migration Act 1958 (Cth) was calculated in calendar days; because the ninth day fell on Sunday 28 March 2010, s 36(2) of the Acts Interpretation Act 1901 (Cth) extended the deadline to Monday 29 March 2010. The review application was not lodged until 31 March 2010, and the Tribunal had no power to extend the statutory period, so it correctly held that it lacked jurisdiction.

Court Disposition

Application for extension of time refused and application dismissed, with costs to the first respondent.

Orders

  • ['The application for extension of time be refused.' 'The application be dismissed.' 'The applicant pay the costs of the first respondent, to be assessed if not agreed.']