Duwai v Minister for Immigration and Border Protection [2014] FCA 1141

FEDERAL COURT OF AUSTRALIA

Duwai v Minister for Immigration and Border Protection [2014] FCA 1141 Citation: Duwai v Minister for Immigration and Border Protection [2014] FCA 1141

Parties: JAMES DUWAI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 774 of 2014

Judge: EDMONDS J

Date of judgment: 27 October 2014

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to appeal decision of the Administrative Appeals Tribunal ("AAT") – application purportedly pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – application taken to be made under s 477A of the Migration Act 1958 (Cth) – whether in the interests of administration of justice to grant extension of time – whether considerable delay bringing the appeal of over one year adequately explained – whether appeal has merit

Legislation: Constitution s 51(xxxi) Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Migration Act 1958 (Cth) ss 201, 476A, 477, 477A, 483, 499, 501

Cases cited: Djalic v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 292 cited FTZK v Minister for Immigration and Border Protection (2014) 310 ALR 1 cited MZYYO v Minister for Immigration and Citizenship Protection (2013) 214 FCR 68 applied SZLIH v Minister for Immigration and Citizenship [2009] FCA 108 cited Wurridjal v The Commonwealth (2009) 237 CLR 309 cited Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 cited