Nolan, T.W. v Minister for Immigration & Ethnic Affairs [1987] FCA 253

Nolan, T.W. v Minister for Immigration & Ethnic Affairs [1987] FCA 253

Although the proposed substantive challenge to the deportation order had arguable merit and the respondents would not suffer relevant prejudice, it was not fair and equitable or proper to extend time because the applicant had not provided an acceptable explanation for the delay. His asserted lack of knowledge of his rights resulted from his own failure to communicate with his solicitor and his absconding, and the decision-maker was allowed to believe the matter was finally concluded after the Administrative Appeals Tribunal application was dismissed.

Jurisdiction
Australia
Judgment Date
22 May 1987
Procedural Posture
Application for Extension of Time to Seek Review Under the Administrative Decisions (judicial Review) Act 1977 / Notice of Motion for Extension of Time
Outcome
Application dismissed.
Legal Topics
['extension of Time' 'judicial Review' 'deportation Order' 'procedural Fairness' 'administrative Appeals Tribunal']
['administrative Law' 'migration Law'] ['extension of Time' 'judicial Review' 'deportation Order' 'procedural Fairness' 'administrative Appeals Tribunal']

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Procedural Posture

Application for Extension of Time to Seek Review Under the Administrative Decisions (judicial Review) Act 1977 / Notice of Motion for Extension of Time

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time under s. 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 to apply for review of the Minister's deportation decision." 'Whether the applicant had provided an acceptable explanation for the delay in seeking judicial review.' 'Whether the merits of the proposed review and absence of prejudice to the respondents justified extending time.']

Ratio Decidendi

Although the proposed substantive challenge to the deportation order had arguable merit and the respondents would not suffer relevant prejudice, it was not fair and equitable or proper to extend time because the applicant had not provided an acceptable explanation for the delay. His asserted lack of knowledge of his rights resulted from his own failure to communicate with his solicitor and his absconding, and the decision-maker was allowed to believe the matter was finally concluded after the Administrative Appeals Tribunal application was dismissed.

Court Disposition

Application dismissed.

Orders

  • ["The motion for an extension of time, set out in paragraph 3 of the applicant's notice of motion filed on 4 May 1987, is dismissed."]