SHARMA v Minister for Immigration

Sharma (the applicant) sought an extension of time to appeal a decision of the Minister for Immigration (the respondent) to refuse to grant a visa. The primary judge had refused the application for an extension of time and dismissed the appeal. Sharma then sought leave to appeal that decision to the Full Federal Court.

The Full Federal Court was required to determine whether the primary judge erred in refusing the application for an extension of time to appeal. This involved considering whether the primary judge correctly applied the principles governing applications for extensions of time in migration matters, particularly in light of the applicant's explanation for the delay.

The Court held that the primary judge had not erred in refusing the extension of time. It was noted that the applicant had not provided a satisfactory explanation for the significant delay in filing the appeal. The principles applied by the Court emphasised the need for a diligent pursuit of appeals and that extensions of time are not granted as a matter of course, especially where there is a lack of reasonable explanation for the delay.

The application for leave to appeal was dismissed.