SZRSB v Minister for Immigration and Border Protection [2016] FCA 34

FEDERAL COURT OF AUSTRALIA

SZRSB v Minister for Immigration and Border Protection [2016] FCA 34 Appeal from: Application for an extension of time to appeal: SZRSB v Minister for Immigration & Anor [2013] FCCA 129

File number(s): NSD 1191 of 2015

Judge(s): SIOPIS J

Date of judgment: 3 February 2016

Catchwords: MIGRATION – application to extend time to appeal – delay of 28 months – whether the delay was so excessive that the application should be dismissed without having regard to the merits of proposed grounds of appeal – whether the applicant's statement was a reason or part of the reason for affirming the decision under review.

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 36(2A), 424A

Cases cited: Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507

Date of hearing: 17 December 2015

Registry: New South Wales

Division: General

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 41

Counsel for the Applicant: Mr J Raftos

Solicitor for the Applicant: Estrin Saul Lawyers

Counsel for the First Respondent: Mr P Macliver

Solicitor for the First Respondent: Australian Government Solicitor

ORDERS

NSD 1191 of 2015 BETWEEN: SZRSB

Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEAL TRIBUNAL

Second Respondent

JUDGE: SIOPIS J DATE OF ORDER: 3 february 2016

THE COURT ORDERS THAT:

1. The applicant's application for an extension of time to appeal filed on 29 September 2015 is dismissed. 2. The applicant is to pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.