BTI15 v Minister for Immigration and Border Protection (No 2)

BTI15 brought an 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 section 39B of the Judiciary Act 1903 (Cth). The application was considered by the Federal Circuit Court of Australia which dismissed the application for relief. The applicant sought judicial review of the Federal Circuit Court's orders, which were in turn dismissed by the Federal Court. The applicant sought an extension of time to appeal the Federal Court's decision, arguing that the delay was due to the Covid-19 pandemic and their mental illness, and that the proposed grounds of appeal had sufficient merit. The court was required to decide whether the delay was justified, and whether the proposed grounds of appeal had sufficient merit.

The court found that the delay was due to circumstances beyond the applicant's control, including the Covid-19 pandemic and their mental illness. The court also found that the proposed grounds of appeal had sufficient merit to warrant an extension of time. The court noted that the Federal Circuit Court had considered whether the applicant's case was exceptional, but had not provided sufficient reasons for its decision. The court held that the Federal Circuit Court had made a jurisdictional error in its reasoning, and granted the extension of time. The court also noted that the first respondent's name had been amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The orders of the court were that the applicant must file and serve a notice of appeal by 23 April 2021, that the applicant's costs be costs in the appeal, and that the first respondent's name be amended. Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.