Cayzer v Minister for Immigration and Border Protection

In Cayzer v Minister for Immigration and Border Protection, the applicant, Mr Cayzer, sought an extension of time to lodge an application for review of a migration decision. The migration decision in question was made by the Minister for Immigration and Border Protection on 27 October 2014, which involved the cancellation of Mr Cayzer's Class BF Transitional (Permanent) Visa under section 501(2) of the Migration Act 1958 (Cth). Mr Cayzer applied for an extension of time to file an originating application for review of this decision, as he had missed the 35-day statutory deadline for doing so. The legal issues before the court were whether the court had the discretion to extend the time for lodging the application under rule 31.23 of the Federal Court Rules 2011 (Cth) and whether the applicant had provided an acceptable explanation for the delay.

The court found that the applicant's grounds for review were not established to have good prospects of success and that there were no exceptional circumstances to warrant an extension of time. The court also considered the availability of the Anshun estoppel in public law, which would prevent the applicant from raising new grounds for review that could have been raised in the previous proceedings. The court noted that the applicant had not provided a satisfactory explanation for the delay in making the application for review. Consequently, the application for an extension of time was dismissed, and the applicant was ordered to pay the respondent's costs of the application.