Islam v Minister for Immigration and Border Protection [2016] FCA 523

Islam v Minister for Immigration and Border Protection [2016] FCA 523

The applicant failed to provide an acceptable explanation for the delay in applying for an extension of time, and the proposed appeal was found to lack merit; thus, the application for an extension of time was dismissed.

Parties
Applicant: MD Rakibul Islam; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Application for Extension of Time to Appeal (migration) / Post Judgment Application for Extension of Time to Appeal From Federal Circuit Court Decision
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Procedural Fairness, Tribunal Decision, Federal Court of Australia Procedure
Migration Extension of Time Procedural Fairness Tribunal Decision Federal Court of Australia Procedure

Case Brief

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Parties

MD Rakibul Islam

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal (migration) / Post Judgment Application for Extension of Time to Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether extension of time to appeal should be granted under r 36.05 of the Federal Court Rules 2011
  2. 2 Whether there was an acceptable explanation for delay in filing the notice of appeal
  3. 3 Whether the proposed appeal had sufficient merit

Ratio Decidendi

The applicant failed to provide an acceptable explanation for the delay in applying for an extension of time, and the proposed appeal was found to lack merit; thus, the application for an extension of time was dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for an extension of time filed on 10 December 2015 is dismissed.
  • The applicant to pay the first respondent's costs.