Eloujenko v Minister for Immigration & Multicultural Affairs [2001] FCA 1791

Although the delay in filing the notice of appeal was short and explained by illness, the proposed grounds of appeal did not disclose any arguable case. Therefore, extension of time was refused even accepting the explanation for the delay.

Jurisdiction: Australia
Judgment Date: 14 December 2001
Procedural Posture: Application for Extension of Time to File Notice of Appeal / On Appeal From a Single Judge of the Federal Court
Outcome: Application for extension of time refused; costs ordered against applicant.
Legal Topics: ['extension of Time' 'appeals' 'refugee Status' 'protection Visa' 'bias' 'error of Law']

['administrative Law' 'immigration Law' 'practice and Procedure'] ['extension of Time' 'appeals' 'refugee Status' 'protection Visa' 'bias' 'error of Law']

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Procedural Posture

Application for Extension of Time to File Notice of Appeal / On Appeal From a Single Judge of the Federal Court

Legal Issues

1 ['Whether the delay in filing notice of appeal warrants an extension of time under O 52 r 15(2) of the Federal Court Rules' 'Whether the proposed grounds of appeal disclose an arguable case']

Ratio Decidendi

Court Disposition

Application for extension of time refused; costs ordered against applicant.

Orders

['The application for leave to appeal out of time is refused.' "The applicant pay the respondent's costs, including reserved costs, to be taxed in default of agreement."]