Singh v Minister for Immigration and Border Protection [2014] FCA 538

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2014] FCA 538 Citation: Singh v Minister for Immigration and Border Protection [2014] FCA 538

Appeal from: Application for extension of time to appeal: Singh v Minister for Immigration, Multicultural Affairs and Citizenship [2014] FCCA 703

Parties: JUGRAJ SINGH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: VID 196 of 2014

Judge: PAGONE J

Date of judgment: 23 May 2014

Catchwords: MIGRATION – application for extension of time to appeal from decision of Federal Circuit Court – refusal to grant application for judicial review of decision of Migration Review Tribunal – applicant required to identify error – prospects of success of proposed appeal relevant to grant of extension of time to file appeal.

Legislation: Migration Act 1958 (Cth), s 65 Federal Court of Australia Act 1976 (Cth), s 24(d) Federal Court Rules 2011 (Cth), r 36.03 Migration Regulations 1994 (Cth), sch 1 cl 5A405(1)(a), sch 2 cl 572.223

Cases cited: Gallo v Dawson (1990) 64 ALJR 458 Gallo v Dawson (No 2) (1992) 66 ALJR 859 Hu v Minister for Immigration and Citizenship [2009] FCA 1288 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 at 348-9 Mehmood v Attorney-General of the Commonwealth [2013] FCA 406 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Nakx v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Robertson v Knott Investments Pty Ltd (No 3) [2010] FCA 1074 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129