Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351

FEDERAL COURT OF AUSTRALIA

Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351 Citation: Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351

Parties: THE APPLICANT IN WAD 230/2014 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: WAD 230 of 2014

Judge: GILMOUR J

Date of judgment: 12 December 2014

Catchwords: MIGRATION – application for extension of time to file application for review – relevant principles – lengthy delay – reasons for delay – concession that the first respondent would not suffer any prejudice – where refusal would visit significant prejudice upon the applicant – whether or not it is in the interests of justice to make an order extending the time – extension of time granted - application for injunctive relief – where effect of order sought would be to release the applicant from immigration detention – consideration of ss 189 and 196 of the Migration Act 1958 (Cth) – application for injunctive relief dismissed

Legislation: Migration Act 1958 (Cth) ss 189, 196, 476A, 477A, 500, 501 Migration Amendment (Duration of Detention) Act 2003 (Cth) Federal Court of Australia Act 1976 (Cth) s 23

Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562 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 Minister for Immigration and Multicultural and Indigenous Affairs v VFAD (2002) 125 FCR 249 Plaintiff M168/10 v Commonwealth (2011) 279 ALR 1 Preston v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 420 Re Woolley; Ex parte Applicants M276/2003 (2004) 225 CLR 1 Ruddock v Taylor (2005) 222 CLR 612 SZQHK v Minister for Immigration and Citizenship (2012) 125 ALD 458 Tran v Minister for Immigration and Border Protection [2014] FCA 533