SZVBN v Minister for Immigration and Border Protection

In the Federal Court of Australia, the applicants, SZVBN, sought an extension of time and leave to appeal against a decision made by the Minister for Immigration and Border Protection. The applicants had previously missed a deadline for lodging their appeal, and the Minister argued that this should be a reason to dismiss the application. The applicants contended that their proposed ground of appeal was strong and that the delay was due to circumstances beyond their control. The court was required to determine whether the absence of an acceptable explanation for the delay was sufficient grounds to dismiss the application and whether the strength of the proposed ground of appeal warranted granting an extension of time and leave to appeal.

The court found that the applicants' proposed ground of appeal was reasonably arguable and could not be summarily rejected. The absence of an acceptable explanation for the delay was not sufficient reason to dismiss the application, especially considering the strength of the proposed ground of appeal. The court granted the applicants an extension of time and leave to appeal, directing them to file and serve a notice of appeal within seven days in the form of the draft notice of appeal dated 14 April 2016. The court also reserved costs of the interlocutory application and recommended that the appeal be heard by a Full Court constituted by three Justices of the Court.

In summary, the Federal Court of Australia granted the applicants an extension of time and leave to appeal against the Minister for Immigration and Border Protection's decision. The court found that the applicants' proposed ground of appeal was reasonably arguable and that the absence of an acceptable explanation for the delay was not sufficient reason to dismiss the application. The applicants were directed to file and serve a notice of appeal within seven days, and costs of the interlocutory application were reserved. The court also recommended that the appeal be heard by a Full Court constituted by three Justices of the Court.