Manna v Minister for Immigration and Citizenship [2013] FCA 400

FEDERAL COURT OF AUSTRALIA

Manna v Minister for Immigration and Citizenship [2013] FCA 400 Citation: Manna v Minister for Immigration and Citizenship [2013] FCA 400

Appeal from: Application for extension of time: Manna v Minister for Immigration [2012] FMCA 28

Parties: KHALEDA MANNA and MUHAMMAD SIRAJUL ISLAM v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number(s): NSD 7 of 2013

Judge: FARRELL J

Date of judgment: 2 May 2013

Catchwords: PRACTICE AND PROCEDURE – application for extension of time – notice of appeal – reason for delay – whether application for ministerial intervention adequate excuse – self-represented litigants – Federal Court Rules 2011 (Cth) r 36.05

Legislation: Federal Circuit Court of Australia Amendment Act 2012 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) rr 36.03, 36.05 Federal Court Rules O 52 r 15(2) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) cll 1.15C, 485.215, 485.222

Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Gallo v Dawson (1990) 93 ALR 479 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jess v Scott (1986) 12 FCR 187 Manna v Minister for Immigration [2012] FMCA 28 Metwally v University of Wollongong (1985) 60 ALR 68 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M90/2009 v Minister for Immigration and Citizenship [2009] HCATrans 279 SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 Sithamparapillai, Ex parte - Re MIMA [2004] HCATrans 364 SZJRV v Minister for Immigration and Citizenship [2008] FCA 298 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 SZQBT v Minister for Immigration and Citizenship [2011] FCA 1281 Vu v Minister for Immigration and Citizenship (2008) 101 ALD 211