Hasnat v Minister for Immigration & Border Protection [2016] FCA 181

FEDERAL COURT OF AUSTRALIA

Hasnat v Minister for Immigration & Border Protection [2016] FCA 181 Appeal from: Hasnat v Minister for Immigration & Anor [2015] FCCA 2560

File number(s): NSD 1214 of 2015

Judge(s): MARKOVIC J

Date of judgment: 3 March 2016

Legislation: Federal Court Rules 2011 r 35.13 Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Regulations 1994 (Cth) Sch 2 cl 572.223, Sch 5 cl 5A405(1)(a)

Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397

Date of hearing: 18 February 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 38

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondents: Sophie Given, Sparke Helmore

ORDERS NSD 1214 of 2015

BETWEEN: MOHAMMED ABUL HASNAT Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

MIGRATION REVIEW TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 3 March 2016

THE COURT ORDERS THAT:

1. The application for extension of time and leave to appeal from the judgment of the Federal Circuit Court of Australia given on 24 September 2015 be dismissed. 2. The applicant pay the first respondents costs Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MARKOVIC J:

INTRODUCTION 1 This is an application for extension of time and leave to appeal from a judgment and orders of the Federal Circuit Court of Australia (Federal Circuit Court) given and made on 24 September 2015 dismissing the applicant's application for judicial review of a decision of the then Migration Review Tribunal (now the Administrative Appeals Tribunal) (the Tribunal): Hasnat v Minister for Immigration & Anor [2015] FCCA 2560 (Hasnat). 2 The order of the primary judge dismissing the proceedings was made pursuant to r 44.12(1)(a) of the Federal Circuit Court Rules 2001 (FCCA Rules). Accordingly it is interlocutory and, pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth), the applicant requires leave of the Court to appeal. 3 The time within which an application for leave to appeal from an interlocutory judgment must be filed is 14 days from the date of judgment or order: see r 35.13 of Federal Court Rules 2011 (FC Rules). Any application for leave to appeal should have been filed by 8 October 2015. The applicant filed his application for leave to appeal on 12 October 2015 which is 4 days out of time. Accordingly the applicant also needs an order extending the time to seek leave to appeal: see r 35.15 FC Rules.