Contreras v Minister for Immigration and Border Protection [2014] FCA 1381

Contreras v Minister for Immigration and Border Protection [2014] FCA 1381

Given the short length of delay, lack of prejudice to the respondent, adequate explanation for the delay, and the existence of reasonably arguable grounds of appeal regarding whether the Tribunal complied with direction No 55 and jurisdictional error, the applicant should be granted an extension of time to file and serve the notice of appeal.

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Application for Extension of Time to Appeal / Determination of Extension of Time Application
Outcome
Extension of time to appeal granted.
Legal Topics
['visa Cancellation' 'extension of Time' 'judicial Review' 'ministerial Direction 55' 'character Test']
['migration Law' 'administrative Law'] ['visa Cancellation' 'extension of Time' 'judicial Review' 'ministerial Direction 55' 'character Test']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal against the decision of a single judge dismissing an application for judicial review of a Tribunal decision to affirm visa cancellation under s 501(2) of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed to comply with Ministerial Direction 55 in exercising its discretion to cancel the applicant’s visa, particularly the balancing process required by cl 7(1)(b)']

Ratio Decidendi

Given the short length of delay, lack of prejudice to the respondent, adequate explanation for the delay, and the existence of reasonably arguable grounds of appeal regarding whether the Tribunal complied with direction No 55 and jurisdictional error, the applicant should be granted an extension of time to file and serve the notice of appeal.

Court Disposition

Extension of time to appeal granted.

Orders

  • ['The Applicant be granted an extension of time within which to file and serve his notice of appeal from the judgment and orders of Justice Gordon until 4.00 pm on 19 December 2014.' "The Applicant is to pay the First Respondent's costs of and incidental to this application."]