FFM20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 156

Federal Court of Australia

FFM20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 156 Appeal from: FFM20 v Minister For Immigration [2021] FCCA 64

File number(s): NSD 158 of 2021

Judgment of: RARES, STEWART AND ABRAHAM JJ

Date of judgment: 27 August 2021

Catchwords: MIGRATION – application for extension of time to appeal against a migration decision – where applicant has been in immigration detention for more than 11 years – where applicant requires leave to argue a point on appeal which was not argued before the primary judge – whether proposed grounds of appeal are grounds which might have been met by evidence before the primary judge – whether the Minister would be deprived of the opportunity of adducing evidence on certain matters – application dismissed

Legislation: Migration Act 1958 (Cth) ss 5, 5J, 5H, 36(2), 46A(2), 189, 196 Immigration Act of 15 May 2008 (Norway) s 106 Convention for the Protection of Human Rights. Opened for signature 4 November 1950 (entered into force 3 September 1953) (as amended) (European Convention on Human Rights)

Cases cited: Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Jackamarra v Krakouer [1998] HCA 27; 195 CLR 516 Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17; 265 CLR 285 Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418 R v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087 A and Others v the United Kingdom [GC], no. 3455/05, ECHR 2009 Shiksaitov v Slovakia, nos. 56751/16 and 33762/17, 10 December 2020