Matthews v Minister for Home Affairs

MATTHEWS
v
MINISTER FOR HOME AFFAIRS & ANOR
[2021] HCASL 31
M97/2020

The applicant requires an extension of time within which to file an application for special leave to appeal from the whole of a judgment of the Full Court of the Federal Court of Australia (Middleton, Perry and O'Bryan JJ), refusing leave to appeal from a decision of the Federal Court of Australia (Anderson J).
The applicant identifies no reason to doubt the correctness of the Full Court's decision and no question suitable for the grant of special leave is raised. Hence, it would be futile to grant the extension of time that is sought. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell S.H.P. Steward

25 February 2021

CaseChat Overview and Summary

In the matter of Matthews v Minister for Home Affairs, the applicant sought an extension of time to file an application for special leave to appeal from the whole of a judgment of the Full Court of the Federal Court of Australia, which had refused leave to appeal from a decision of the Federal Court of Australia. The Full Court's decision was made by Middleton, Perry, and O'Bryan JJ, and the Federal Court decision was made by Anderson J. The applicant did not identify any reason to doubt the correctness of the Full Court's decision nor did they raise any question suitable for the grant of special leave.

The legal issue that the court was required to decide was whether to grant the applicant's request for an extension of time to file an application for special leave to appeal. The court had to consider the relevant rules and principles of law governing the grant of extensions of time for such applications.

The court found that it would be futile to grant the extension of time sought, as the applicant did not identify any reason to doubt the correctness of the Full Court's decision or raise any question suitable for the grant of special leave. The court held that special leave should be refused, and pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), directed the Registrar to draw up, sign, and seal an order dismissing the application with costs.

In conclusion, the court dismissed the applicant's application for an extension of time to file an application for special leave to appeal, finding it would be futile to grant the extension of time sought. The court directed the Registrar to draw up, sign, and seal an order dismissing the application with costs.

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