Federal Court of Australia
Federal Court of Australia
BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 1 Appeal from: Application for an extension of time and leave to appeal: BJH17 & Ors v Minister for Immigration & Anor [2017] FCCA 2932; BYI18 & Ors v Minister for Home Affairs & Anor [2018] FCCA 2222
File numbers: NSD 2002 of 2019 NSD 59 of 2020
Judgment of: ALLSOP CJ, BURLEY AND O'CALLAGHAN JJ
Date of judgment: 20 January 2023
Catchwords: MIGRATION – applications for an extension of time to serve appeals from orders of the then-Federal Circuit Court of Australia PRACTICE AND PROCEDURE – where applicants contend that they are not bound by the outcome of previous appeals by reason of the fact that no litigation representative was appointed in respect of their appeal to the Federal Court – where a Registrar of the then-Federal Circuit Court appointed the applicants' fathers as their litigation representative – where broad powers conferred by relevant statute – where rules incidental and convenient to the conduct of the business of the then-Federal Circuit Court and to the vindication of rights – applications dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) ss 5, 81 Federal Court of Australia Act 1976 (Cth) s 4 Legislation Act 2003 (Cth) ss 8, 13 Migration Act 1958 (Cth) s 91X Federal Circuit Court Rules 2001 (Cth) rr 1.04, 11.08–11.11 Federal Court Rules 2011 (Cth) High Court Rules 2004 (Cth) rr 21.08.4, 21.08.6
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