Azhar v Minister for Home Affairs [2019] FCA 1819

The application for extension of time to appeal was dismissed because the applicant did not appear, did not provide any adequate explanation for either his delay or his failure to appear, and disclosed no merit in the proposed grounds of appeal.

Parties: Applicant: Hafiz Muhammad Uzair Azhar; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 05 November 2019
Procedural Posture: Application for Extension of Time to Appeal / Determination of Extension Application
Outcome: Application dismissed
Legal Topics: Visa Cancellation, Extension of Time, Judicial Review, Appeals

Administrative Law Migration Law Visa Cancellation Extension of Time Judicial Review Appeals

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 2 Authorities cited 2 Party arguments 2

Parties

Hafiz Muhammad Uzair Azhar

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Extension Application

Legal Issues

1 Whether the application for an extension of time to appeal should be granted.
2 Whether the applicant provided a satisfactory explanation for the delay.
3 Whether there was merit in the underlying appeal.

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The application for an extension of time is dismissed.
The applicant must pay the first respondent's costs, to be assessed if not agreed.