Reasonable prospects of success on a proposed appeal are a necessary but not sufficient condition for the grant of an extension of time under O 52 r 15(2); an acceptable explanation for the delay must also be provided. An applicant's resort to the Minister's discretion under s 351 of the Migration Act after an adverse judgment does not constitute an acceptable explanation for failure to lodge an appeal within time, particularly where the approach to the Minister appears to be a 'Plan B' pursued in lieu of, rather than in addition to, an appeal.
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