Singh v Minister for Immigration and Border Protection

The applicant, Mr Singh, sought an extension of time to appeal a decision of the Federal Circuit Court that dismissed his application for a subclass 880 visa. The respondent, the Minister for Immigration and Border Protection, opposed the application. Both parties submitted detailed written and oral submissions. The matter was heard by the court, which ultimately dismissed the application for an extension of time. The applicant had applied for a subclass 880 visa in 2009 but this was refused in 2012. Mr Singh sought a review of the decision by the Administrative Appeals Tribunal, which upheld the decision. Mr Singh then sought leave to appeal the Tribunal's decision to the court, but was late in filing his application. The court was required to determine whether the applicant's circumstances justified an extension of the time to appeal, given the lateness of the application. In dismissing the application, the court found that the applicant had not demonstrated sufficient merit in his proposed grounds of appeal to warrant an extension of time. The court held that the applicant had not shown that he had a reasonable prospect of success on appeal. The application was dismissed with costs.