BYN18 v Minister for Home Affairs

The applicant, BYN18, sought an extension of time under section 477 of the *Migration Act 1958* (Cth) to file an application for review. The Minister for Home Affairs was the respondent. The core of the dispute concerned whether the applicant's application was filed within the prescribed time limits and, if not, whether an extension of time should be granted. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the notification received by the applicant constituted a decision that enlivened the Court's jurisdiction, and if not, whether the applicant had provided a satisfactory explanation for the delay in filing the application for review. The Court was also required to determine if the applicant had demonstrated a sufficiently arguable case of jurisdictional error to warrant the grant of an extension of time.

Judge Street found that the notification received by the applicant did not constitute a decision that enlivened the Court's jurisdiction. Furthermore, the Court determined that the applicant had failed to provide a satisfactory explanation for the significant delay in filing the application. Consequently, the Court concluded that no sufficiently arguable case of jurisdictional error had been made out by the proposed grounds in the application.

The application for an extension of time was dismissed.