Englezos v Secretary, Department of Social Services [2023] FCA 31

Federal Court of Australia

Englezos v Secretary, Department of Social Services [2023] FCA 31 File number(s): QUD 28 of 2021

Judgment of: COLLIER J

Date of judgment: 30 January 2023

Catchwords: SOCIAL SECURITY – application for extension of time within which to appeal under s 44 Administrative Appeals Tribunal Act 1975 (Cth) – principles relating to an application for extension of time - where applicant unable to establish adequate explanation for delay – where proposed grounds of appeal have no merit – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Social Security (Administration) Act 1999 (Cth) Social Security Act 1991 (Cth) Federal Court Rules 2011 (Cth))

Cases cited: AZAFF v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 176 BJT19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 870 BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Department of Education, Employment, Training and Youth Affairs v Prince (1997) 152 ALR 127 Englezos and Secretary, Dept of Social Services (Social Services Second Review) [2020] AATA 4650 GOK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 169 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jamal v Secretary, Department of Social Services [2017] FCA 916 Jazazievska v Secretary Department of Family & Community Services [2000] FCA 1484 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 MZZYV v Minister for Immigration and Border Protection [2016] FCA 957 Panacci and Secretary, Department of Employment and Workplace Relations [2008] AATA 30 SZLIH v Minister for Immigration and Citizenship [2009] FCA 108 SZSDA v Minister for Immigration and Citizenship (2012) 135 ALD 17