Acuna Plaza v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1887

Acuna Plaza v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1887

Given the short delay and that at least two of the grounds of appeal relate to factual findings accepted as wrong, and the applicant being unrepresented, an extension of time to file and serve a notice of appeal should be granted.

Parties
Applicant: Victor Andres Acuna Plaza; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 November 2018
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time
Outcome
Application for extension of time granted
Legal Topics
Extension of Time, Judicial Review, Jurisdictional Error
Migration Law Administrative Law Extension of Time Judicial Review Jurisdictional Error

Case Brief

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Parties

Victor Andres Acuna Plaza

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an extension of time should be granted for filing a notice of appeal
  2. 2 Whether Tribunal's factual error amounted to jurisdictional error
  3. 3 Whether Tribunal's refusal to consider further material was erroneous

Ratio Decidendi

Given the short delay and that at least two of the grounds of appeal relate to factual findings accepted as wrong, and the applicant being unrepresented, an extension of time to file and serve a notice of appeal should be granted.

Court Disposition

Application for extension of time granted

Orders

  • Time be extended in which to file and serve a notice of appeal to be in the form of the draft notice of appeal attached to the application for an extension of time, such filing and serving to be effected on or before 4pm on 14 December 2018.
  • The question of costs of the extension of time application be costs in the appeal.