Herring v Minister for Immigration and Citizenship [2012] FCA 970

FEDERAL COURT OF AUSTRALIA

Herring v Minister for Immigration and Citizenship [2012] FCA 970 Citation: Herring v Minister for Immigration and Citizenship [2012] FCA 970

Parties: KEITH DAVID HERRING v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 1248 of 2012

Judge: FLICK J

Date of judgment: 5 September 2012

Catchwords: MIGRATION – application for an extension of time – 6 year delay – application refused – application for adjournment refused – no question of law – no explanation for delay

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 44 Federal Court Rules 2011 (Cth) r 33.12 Migration Act 1958 (Cth) s 501 Ombudsman Act 1976 (Cth) s 5

Cases cited: Brown v Repatriation Commission (1985) 7 FCR 302 Caporale v Commissioner of Taxation [2012] FCA 86, 57 AAR 1 Commissioner of Taxation v La Rosa [2002] FCA 1306, 196 ALR 139 Daw v Minister for Immigration & Citizenship [2012] FCA 705 De Simone v Federal Commissioner of Taxation [2009] FCAFC 181 at [15], 51 AAR 161 Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362 Gabor v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 706 Herring and Minister for Immigration and Multicultural Affairs; Re [2006] AATA 319 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Kenso Marketing (M) SDN BHD v Chief Executive Officer of Customs [2011] FCAFC 26 Kolya v Tax Practitioners Board [2012] FCA 215 Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10; 114 ALD 8 Nguyen v Minister for Immigration and Multicultural Affairs [2000] FCA 1265 Dietrich v The Queen (1992) 177 CLR 292 Sullivan v Department of Transport (1978) 20 ALR 323 Twist v Council of the Municipality of Randwick (1976) 136 CLR 106 Administration of S 501 of the Migration Act 1958 As It Applies To Long-Term Residents (Report No 01/2006)