AHI15 v Minister for Immigration and Border Protection [2016] FCA 64

FEDERAL COURT OF AUSTRALIA

AHI15 v Minister for Immigration and Border Protection [2016] FCA 64 Appeal from: AHI15 v Minister for Immigration & Anor [2015] FCCA 2601

File number: QUD 1000 of 2015

Judge: EDELMAN J

Date of judgment: 10 February 2016

Catchwords: MIGRATION – application for an extension of time to file a notice of appeal – whether ground of appeal is arguable or has "merit" – assessment of the extent to which ground must have merit is influenced by consideration of other factors relevant to exercise of discretion – application allowed PRACTICE AND PROCEDURE – application for an extension of time to file a notice of appeal under r 36.05(1) Federal Court Rules 2011 (Cth) – no preconditions exist to the grant of leave – discretion to be exercised having regard to all the circumstances

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11(1)(c) Federal Court of Australia Act 1976 (Cth) s 37M(1) Migration Act 1958 (Cth) ss 36, 36(2)(aa), 65, 91R(1)(c) Federal Court Rules 2011 (Cth) rr 36.03, 36.05, 36.05(1) Migration Regulations 1994 (Cth) Sch 2

Cases cited: Dunlop v Fishburn (No. 3) [2012] FCA 315 Hunter Valley Developments v Cohen [1984] FCA 186; (1984) 3 FCR 344 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Parker v The Queen [2002] FCAFC 133 Samsung Electronics Co Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 SZHIU v Minister for Immigration and Citizenship [2009] FCA 101 SZORZ v Minister for Immigration and Citizenship [2011] FCA 593 SZQZR v Minister for Immigration and Citizenship [2013] FCA 69