Makaea v Minister for Immigration and Border Protection [2015] FCA 1161

FEDERAL COURT OF AUSTRALIA

Makaea v Minister for Immigration and Border Protection [2015] FCA 1161 Citation: Makaea v Minister for Immigration and Border Protection [2015] FCA 1161

Parties: JOEL ROYSTON MAKAEA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION

File number: WAD 603 of 2015

Judge: GILMOUR J

Date of judgment: 20 October 2015

Catchwords: MIGRATION – application for an extension of time – review of the respondent's decision to cancel visa under s 501 of the Migration Act 1958 (Cth) – whether there is an acceptable explanation for the delay – whether any prejudice would be suffered by the respondent – application allowed.

Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344

Date of hearing: 20 October 2015

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: Mr J Forsaith

Solicitor for the Applicant: Nicholas W J Rolfe & Associates

Counsel for the Respondent: Mr P J Corbould

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 603 of 2015

BETWEEN: JOEL ROYSTON MAKAEA

Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Respondent

JUDGE: GILMOUR J DATE OF ORDER: 20 OCTOBER 2015 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The time within which the applicant may lodge an application for review of the respondent's decision be extended to 4.00 pm (WST) on 21 October 2015. 2. The respondent be enjoined from removing the applicant from Australia pending the review of the respondent's decision including any appeal from the determination at first instance. 3. The costs of the interlocutory application be reserved to the trial judge. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.