BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355

Federal Court of Australia

BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355 Appeal from: Application for an extension of time to file a notice of appeal: BTI15 v Minister for Immigration and Border Protection [2020] FCA 681

File number: NSD 1043 of 2020

Judgment of: ALLSOP CJ

Date of judgment: 13 April 2021

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to file a notice of appeal from a decision of the Federal Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) – where delay due to Covid-19 pandemic and applicant's mental illness – whether proposed grounds of appeal lack sufficient merit – extension of time granted MIGRATION – application for an extension of time to file a notice of appeal from a decision of the Federal Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) – where primary judge dismissed application for judicial review of orders made by the Federal Circuit Court of Australia dismissing an application pursuant to s 477(2) for an extension of time to file an application for judicial review of a decision of the Refugee Review Tribunal – where Refugee Review Tribunal affirmed decision to refuse applicant a protection visa – where Federal Circuit Court judge reasoned that given the significant delay it would only be in the interests of the administration of justice to grant an extension if the applicant's case was exceptional – whether Federal Circuit Court judge made a jurisdictional error – extension of time granted

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 477(2) Federal Court Rules 2011 (Cth) rr 36.03, 36.05