SZWDA v Minister for Immigration and Border Protection [2016] FCA 183

FEDERAL COURT OF AUSTRALIA

SZWDA v Minister for Immigration and Border Protection [2016] FCA 183 Appeal from: SZWDA v Minister for Immigration [2015] FCCA 2621

File number: NSD 1273 of 2015

Judge: LOGAN J

Date of judgment: 23 February 2016

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file notice of appeal – where delay is not excessive – where delay does not prejudice the respondent – where there is adequate explanation for the delay – whether ground of appeal has sufficient prospect of success to warrant grant of extension of time – whether Federal Circuit Court erred in finding applicant had sufficient time to file supporting documents – refusal of adjournment not unreasonable – proposed ground of appeal has no prospect of success – gratuitous addition of further subject to post-hearing written submissions directed to address a particular subject – refusal by Federal Circuit Court to consider that further subject – no denial of procedural fairness – application for extension of time to file notice of appeal dismissed. MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – application for Protection (Class XA) visa – Migration Act 1958 (Cth) – whether the Federal Circuit Court considered information relevant to the applicant's circumstances – whether the Federal Circuit Court failed to take into account all of the applicant's claims.

Legislation: Federal Court Rules 2011 (Cth)

Cases cited: Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Sullivan v The Civil Aviation Authority (2014) 226 FCR 555; (2014) 141 ALD 540; [2014] FCAFC 93 Tinkler v Elliott [2012] EWCA Civ 1289