Tang v Minister for Immigration and Border Protection

The applicants, Tang and his wife, sought an extension of time to appeal a decision of the Minister for Immigration and Border Protection which resulted in their application for a visa being refused. The matter was heard in the Federal Court of Australia. The applicants argued that they had not been notified of the Minister's decision in time to appeal within the statutory time frame and sought an extension of time on the grounds of unavailability of legal representation. The Minister argued that the applicants had been notified of the decision in time and that the applicants had not demonstrated any special circumstances warranting an extension of time.

The court was required to determine whether the applicants had been notified of the Minister's decision in time and whether there were any special circumstances warranting an extension of time. The court considered the evidence provided by the applicants and the Minister and found that the applicants had been notified of the decision in time and that there were no special circumstances warranting an extension of time. The court found that the applicants had not demonstrated any exceptional circumstances that would warrant an extension of time and that the applicants had not taken reasonable steps to ensure that they were aware of the decision in time.

The court dismissed the application for an extension of time to appeal and ordered that the applicants pay the Minister's costs. The court found that the applicants had not demonstrated any exceptional circumstances that would warrant an extension of time and that the applicants had not taken reasonable steps to ensure that they were aware of the decision in time. The court further found that the applicants had not provided any evidence to support their claim that they had not been notified of the decision in time and that the applicants had not demonstrated any special circumstances warranting an extension of time. The court ordered that the applicants pay the Minister's costs, to be taxed if not agreed.