The Court refused an extension of time under s 477 of the Migration Act, holding that although the delay was only two days, the extension could not be granted because the underlying judicial review application had no prospects of success. The Tribunal's decision to proceed without a hearing was the inevitable statutory consequence of the applicant's failure to respond to the s 359A invitation, which triggered the cascading operation of ss 359C(2), 360(2)(c), 360(3) and 363A, removing both the entitlement to appear and the Tribunal's power to permit appearance, as established in Hasran v MIAC [2010] FCAFC 40. The Court did not need to address the Minister's alternative submission that remittal would be futile because the subclass 457 visa category was abolished in 2018.
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