Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ghimire v Minister for Immigration & Border Protection [2014] FCA 899 Citation: Ghimire v Minister for Immigration and Border Protection [2014] FCA 899
Appeal from: Application for extension of time and leave to appeal: Ghimire v Minister for Immigration & Border Protection [2014] FCCA 1025
Parties: ARCHANA GHIMIRE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: NSD 593 of 2014
Judge: GILMOUR J
Date of judgment: 22 August 2014
Catchwords: MIGRATION – application for extension of time and leave to appeal - primary judge dismissed application for review of Migration Review Tribunal decision pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth) - principles relevant to applications for extensions of time and leave to appeal - explanation for delay - whether or not the proposed appeal has any prospects of success - whether or not injustice would result if leave refused – application to extend time refused
Legislation: Migration Act 1958 (Cth) ss 359A(1), 499 Migration Regulations 1994 (Cth) Federal Court Rules 2011 (Cth) r 35.13(a) Federal Circuit Court Rules 2001 (Cth) rr 44.05, 44.11, 44.12(1)(a)
Cases cited: Adhikaree v Minister for Immigration and Border Protection [2014] FCA 564 Associated Provincial Picture Houses, Limited v Wednesbury Corporation [1948] 1 KB 223 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hasran v Minister for Immigration and Citizenship (2010) 183 FCR 413 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238
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