Extension Of Time To Appeal

TABLE OF CONTENTS

Introduction

In SZAQI v MIMA [2006] FCA 1653 (19.12.06), the court granted an extension of time to appeal even though it was two years late!

30 The length of the delay of more than 2 years is clearly excessive. However, there is a strongly arguable case on appeal. The decision of the Tribunal, based on lack of credibility, was founded in part on inconsistencies between the claims made in the protection visa application and the evidence at the Tribunal hearing. The information in the application for a protection visa was obviously relevant to that issue, as was the evidence given by Ms Sit. It is clearly arguable that that information had to be provided to the applicant in accordance with s 424A of the Act and that the Tribunal’s failure to provide such information constituted jurisdictional error.

31 The strong prospects of success on appeal render this case exceptional and the applicant was unaware of her rights of appeal.