Always appeal on time

A court may have the power to extend the time you have to appeal, but you must convince a judge to exercise that discretion in your favour. The Immigration Minister’s lawyers will have the opportunity to present their case, why you should not be given more time.

Today (6 November 2018) the Federal Court of Australia dismissed an application by a man who was only 5 days late. He was also ordered to pay the legal costs of the Immigration Minister. The court informed the man that his intended claim would require special permission to raise (called ‘leave’ of the court) because it was an argument not brought before the lower court he was appealing from. His prospects of success on appeal and his failure to provide a good explanation for the lateness of his lodgement resulted in his case being thrown out.

ARS15 v Minister for Immigration and Border Protection [2018] FCA 1673

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2018/2018fca1673