WAGL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 595

WAGL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 595

Because the application for extension of time was made after the relevant period had lapsed, the applicant had to demonstrate special reasons. Although the attempted notice of appeal was only a short time late, there was considerable delay before the extension application was filed, no submissions or affidavit evidence were later provided, and the materials disclosed no special reason or apparent reviewable error by the Tribunal. Granting an extension would therefore be a waste of time.

Jurisdiction
Australia
Judgment Date
13 June 2003
Procedural Posture
Migration Judicial Review; Protection Visa / Application for Extension of Time to File and Serve a Notice of Appeal From the Judgment of RD Nicholson J Dismissing Review of a Refugee Review Tribunal Decision
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'special Reasons' 'judicial Review']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'special Reasons' 'judicial Review']

Case Brief

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Procedural Posture

Migration Judicial Review; Protection Visa / Application for Extension of Time to File and Serve a Notice of Appeal From the Judgment of RD Nicholson J Dismissing Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file and serve a notice of appeal after the time prescribed by the Federal Court Rules had expired.' 'Whether there were special reasons for granting leave to file and serve a notice of appeal out of time.' "Whether the proposed appeal disclosed any arguable reviewable error in the Tribunal's decision or in the judgment dismissing the review application."]

Ratio Decidendi

Because the application for extension of time was made after the relevant period had lapsed, the applicant had to demonstrate special reasons. Although the attempted notice of appeal was only a short time late, there was considerable delay before the extension application was filed, no submissions or affidavit evidence were later provided, and the materials disclosed no special reason or apparent reviewable error by the Tribunal. Granting an extension would therefore be a waste of time.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]