Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12

FEDERAL COURT OF AUSTRALIA

Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12 Citation: Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12

Appeal from: Application for extension of time to appeal: Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs & Anor [2013] FCA 1129

Parties: RISTO MLADENOV v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS and SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number: VID 1346 of 2013

Judge: MORTIMER J

Date of judgment: 28 January 2014

Catchwords: ADMINISTRATIVE LAW – Application for extension of time to appeal from decision of Federal Court – reasonable explanation for delay – no prejudice to respondents – whether the proposed appeal has any prospects of success – extension granted.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 37(2), 39, 40(1A), 42A, 44 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 1979 (Cth) O 52 r 15(2) Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Cases cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Brehoi v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 385 Calvin v Carr [1980] AC 574 Caporale v Commissioner of Taxation [2012] FCA 556 Goldie v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 121 FCR 383 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jackamarra v Krakouer (1998) 195 CLR 516 at 521-522 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618 Stead v State Government Insurance Commission (1986) 161 CLR 141 Twist v Randwick Municipal Council (1976) 136 CLR 106 Wade v Comcare (2002) 69 ALD 602 Ward v Repatriation Commission [2004] FCA 1163 WZARB v Minister for Immigration and Citizenship (2013) 136 ALD 77