Li v Minister for Immigration and Border Protection

Li brought an application against the Minister for Immigration and Border Protection, seeking an extension of time and leave to appeal a decision of the Administrative Appeals Tribunal (AAT) that had dismissed his application for review of a decision to cancel his visa. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the applicant had established exceptional circumstances warranting an extension of the time limit to appeal the AAT’s decision, and if so, whether leave to appeal should be granted.

The court considered the evidence and submissions presented by both parties. It found that the applicant had not demonstrated exceptional circumstances to warrant an extension of time. The applicant had been aware of the AAT’s decision since 11 August 2015 but did not take any steps to seek legal advice until 17 December 2015, which was outside the 28-day statutory period for seeking an extension of time. The court held that the applicant’s delay in seeking legal advice and subsequently lodging the application was not satisfactorily explained. Furthermore, the court noted that the applicant had been represented by a lawyer during the AAT proceedings and had access to legal resources, which undermined his claim of exceptional circumstances.

Accordingly, the court dismissed the application for an extension of time and leave to appeal. The court ordered that the applicant pay the first respondent’s costs of the application, to be taxed if not agreed. The court’s decision was based on the applicant’s failure to establish exceptional circumstances to justify the extension of time, and the lack of satisfactory explanation for the delay in seeking legal advice and lodging the application.