DRY18 v Minister for Immigration and Citizenship

[2026] FCA 1077

Federal Court of Australia

Built by Barristers,
For Australian Law.

1. Migration
1. application for extension of time to file a notice of appeal from decision of the Federal Circuit and Family Court of Australia (Division 2)
1. where applicant 172 days out of time
1. inadequate explanation for delay

A delay of 172 days is significant, and the longer the delay the more persuasive the explanation must be; a bare assertion of inability to obtain legal advice due to financial hardship, without supporting evidence or detail of efforts made, is an inadequate explanation.
Prejudice to the orderly and proper administration of the Migration Act and the public interest in finality of administrative decision-making can be sufficient prejudice even absent specific prejudice to the respondent.
Where the delegate and the Tribunal applied materially identical statutory criteria (here, ss 36(2)(a), (aa), (b) and (c) of the Migration Act) notwithstanding a change in visa subclass designation, a ground alleging jurisdictional error based on different criteria being applied lacks merit.