Mann v Minister for Immigration and Border Protection

Mann sought an extension of time to apply for leave to appeal a decision of the Migration Review Tribunal (MRT) affirming a decision to refuse him a skilled visa. The court was required to determine whether the proposed appeal had substance and whether the extension of time would be useful. The second issue was whether the MRT afforded the applicant reasonable time to present evidence.

The court found that the proposed appeal did not have substance and that an extension of time would not be useful. The applicant had not provided sufficient evidence to demonstrate that he was a skilled migrant and had not shown that the MRT had failed to afford him reasonable time to present evidence. The court was satisfied that the MRT had provided the applicant with an adequate opportunity to present his case. The application for an extension of time was dismissed with costs.