Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gordon v Minister for Immigration and Citizenship [2012] FCA 119 Citation: Gordon v Minister for Immigration and Citizenship [2012] FCA 119
Appeal from: Application for extension of time: Gordon v Minister for Immigration [2011] FMCA 818
Parties: MERCY AKU WOTORCHI GORDON v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 2024 of 2011
Judge: COLLIER J
Date of judgment: 21 February 2012
Catchwords: PRACTICE AND PROCEDURE – application for extension of time – r 36.05 Federal Court Rules 2011 – merits of draft grounds of appeal - no prospects of success of appeal – no utility in granting extension of time MIGRATION – Partner (Temporary) (Class UK) Visa – whether spousal relationship between the applicant and sponsor – cl 820.211 Migration Regulations 1994 (Cth) – claim of an instance of domestic violence
Legislation: Migration Act 1958 (Cth) ss 65, 347, 348, 359A Migration Regulations 1994 (Cth) cl 820.211 of Sch 2, regs 1.23, 1.24, 1.25 in Div 1.5 Federal Court Rules 2011 rr 36.03, 36.05
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 cited SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 cited
Date of hearing: 21 February 2012
Place: Brisbane (Heard in Sydney)
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