Mitchell, Graham Bruce v Minister for Immigration & Ethnic Affairs [1983] FCA 260

ADMINISTRATIVE LAW - application for extension of time

to file notice of appeal from decision of Administrative Appeals Tribunal - whether reasonable explanation or excuse for failure to file notice of appeal within time -

whether appeal on question of law

Administrative Appeals Tribunal Act 1975, ss. 44(1), 44(2A)

GRAHAM BRUCE MITCHELL v. MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

No. WAG 45 of 1983

TOOHEY J. PERTH

30 SEPTEMBER 1983

Il} THE FEDERAL COUPT

OF AUSTPALIA ' WESTERN AUSTRALIA ' DISTRICT PEGISTRY \ GENEP2L DIVISION }

S = = i i) of By) So

Eh fan ire) a OL

BETWEEN:

GRAHAM BRUCE MITCHELL Applicant

and

MINISTER FOR IMMIGRATION AND BIHNIC AFFAIRS

Respondent ORDER JUDGE M2KING ORDER : Toohey J. DATE OF GRDER : 30 September 1983 WHERE MADE H Perth

THE COUPT ORDERS THAT the application be dismissed.

I THC CECEFSL IFT ' OD AUITP-LIA ' Uo. WAG 15 ef 1285 VESTER ss lRALA ' CLETEICL PEGTIE: ' SEVEPSL GL TSLOT ' PETHWCOE Tl:

GRAHAM BRUCE MITCHELL applicant

and MINISTER TOR IMMIGRATION AND

ETHHEC AFFAIRS Pespondent

CORAM: 'TOGHEY J. . 70 SEFTEMBER 1983

FEASONS FOR JUDGMENT

This is an application for an extension of time in which to file and serve a notice of appeal froma decision of the Administrative appeals Tribunal delivered 29 July 1983. affirming the decisicen of the respondent that the applicant be deported from

Australia.

Section 44(1) of the Administrative Appeals Tribunal Act 1375 enables a party to a praceeding before the Tribunal to appeal ta the Federal Court "on a question of Law" from the Tribunal's decision, Sub-section /2A) requires an appeal to be instituted not later than the 728th day after the day on which a document setting out the terms of the decision is furnished to the person

or within such further time as the Court allows.

se the time of the deersion the applicant was in emplotiwent and be remained so until 24 September when he was taken