QXZB v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 891

QXZB v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 891

The application for an extension of time was dismissed as the applicant provided no good explanation for the delay and the underlying application lacked reasonable prospects of success, since the Tribunal had no power to extend the strict statutory time limits and no jurisdictional error was apparent.

Parties
Applicant: QXZB; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Application for Extension of Time for Judicial Review / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Judicial Review, Tribunal Jurisdiction, Time Limits for Review, Notification of Decision
Administrative Law Migration Law Extension of Time Judicial Review Tribunal Jurisdiction Time Limits for Review Notification of Decision

Case Brief

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Parties

QXZB

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Judicial Review / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to apply for judicial review of the Tribunal's decision
  2. 2 Whether notification of a decision under s 501G(1) of the Migration Act can be given more than once for time limits under s 500(6B)

Ratio Decidendi

The application for an extension of time was dismissed as the applicant provided no good explanation for the delay and the underlying application lacked reasonable prospects of success, since the Tribunal had no power to extend the strict statutory time limits and no jurisdictional error was apparent.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for an extension of time is dismissed.
  • The applicant must pay the first respondent's costs of the application, to be assessed on a lump sum basis.