Fed20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, Fed20, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which found it lacked jurisdiction. The applicant had applied for a Protection (Subclass 866) Visa and also sought an extension of time under section 477 of the *Migration Act 1958* (Cth). The applicant was in immigration detention. This matter came before Judge Street of the Federal Court of Australia.

The central legal issues before the Court were whether an extension of time under section 477 of the *Migration Act* was necessary in the administration of justice, and whether the applicant's application for such an extension had merit. The Court was also required to consider an oral application for an adjournment made by the applicant.

Judge Street refused the oral application for an adjournment. In dismissing the application for an extension of time under section 477, the Court reasoned that there was no arguable case on the merits to support the grant of an extension. Consequently, the Court ordered that the application for an extension of time be dismissed and that the applicant pay the first respondent's costs fixed at $3,737.00.