Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSPI v Minister for Immigration and Border Protection [2014] FCAFC 140 Citation: SZSPI v Minister for Immigration and Border Protection [2014] FCAFC 140
Parties: SZSPI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and INDEPENDENT PROTECTION ASSESSOR (WENDY BODDISON)
File number: NSD 557 of 2014
Judges: ALLSOP CJ, MANSFIELD J & BESANKO J
Date of judgment: 28 October 2014
Catchwords: MIGRATION – Involuntary removal of unlawful non-citizen from Australia – Where applicant had filed application for extension of time to appeal at time of removal – Where person holding applicant in immigration detention owes statutory duty under s 256 of the Migration Act 1958 (Cth) to provide reasonable facilities for the obtaining of legal advice for applicant to bring legal proceedings for injunctive relief in order to prevent removal - Whether applicant had reasonable time and reasonable access to obtain legal advice PRACTICE & PROCEDURE – Application for extension of time - Whether to grant applicant leave to file notice of appeal against orders of a judge of the Federal Circuit Court - Where applicant had no reasonable explanation for delay in filing notice of appeal Held - application dismissed
Legislation: Constitution Federal Court of Australia Act 1976 (Cth)) s 25(1AA)(b) Migration Act 1958 (Cth) ss 46(2), 46A, 91L(1), 153, 195A, 198, 256, 481 Cases cited: Attorney-General (NSW) v Ray (No 3) (1989) 90 ALR 263 BZACY v Minister for Immigration and Border Protection [2014] FCA 10 Ex parte De Braic [1971] HCA 15; 124 CLR 162 Kopiev v Minister for Immigration and Multicultural Affairs [2000] FCA 1831 Laremont v Minister for Immigration and Ethnic Affairs [1985] FCA 602 Lewai v Minister for Immigration and Multicultural Affairs [2001] FCA 1309 Lewis v Minister for Immigration, Local Government and Ethnic Affairs (1988) 89 FLR 218 Li v Minister for Immigration and Multicultural Affairs [2001] FCA 1414 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 146 Mahoney v Singh-Dhillon (1987) 71 ALR 395 Morrison v Minister for Immigration and Citizenship [2007] FCA 723 NAEX v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1633 P1/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1029 Plaintiff M61/2010E v Commonwealth of Australia (2010) 243 CLR 319 Re Minister for Immigration and Multicultural Affairs; Ex parte SE (1998) 158 ALR 735 SBBG v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1315 Singh-Dhillon v Mahoney [1986] FCA 334 (AustLII Reference) SZTUO v Minister for Immigration and Border Protection [2014] FCCA 104 Tchoylak v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 302
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate