MZYUH v Minister for Immigration and Border Protection [2014] FCA 1374

FEDERAL COURT OF AUSTRALIA

MZYUH v Minister for Immigration and Border Protection [2014] FCA 1374 Citation: MZYUH v Minister for Immigration and Border Protection [2014] FCA 1374

Parties: MZYUH v Minister for Immigration and Border Protection and Refugee Review Tribunal

File number: VID 455 of 2014

Judge: WHITE J

Date of judgment: 16 December 2014

Catchwords: PRACTICE AND PROCEDURE – Application for an extension of time to file notice of appeal from a decision of the Federal Circuit Court – lengthy extension required – adequate explanation given for delay – arguable grounds of appeal raised – application granted

Legislation: Federal Court Rules 2011 (Cth) rr 1.39, 36.03 Migration Act 1958 (Cth) ss 91R, 417, 476

Cases cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; (2014) 310 ALR 1 H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348; (2000) 63 ALD 43 Minister for Immigration and Citizenship v Applicant A125 of 2003 [2007] FCAFC 162; (2007) 163 FCR 285 Minister for Immigration and Citizenship v MZYHS [2011] FCA 53; (2011) 119 ALD 534 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74; (2003) 129 FCR 168 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 W148/00A v Minister for Immigration and Multicultural Affairs (2001) 185 ALR 703