Islam v Minister for Immigration and Border Protection [2016] FCA 523

FEDERAL COURT OF AUSTRALIA

Islam v Minister for Immigration and Border Protection [2016] FCA 523 Appeal from: Islam v Minister for Immigration and Border Protection and Anor [2015] FCCA 3024

File number: NSD 1626 of 2015

Judge: MARKOVIC J

Date of judgment: 13 May 2016

Legislation: Federal Court Rules 2011 rr 36.03, 36.05 Migration Regulations 1994 (Cth) Sch 2 cl 573.223

Cases cited: Islam v Minister for Immigration and Border Protection and Anor [2015] FCCA 3024 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91

Date of hearing: 11 May 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 39

Counsel for the Applicant: The applicant appeared in person

Solicitor for the Respondents: Nicole Maddocks, DLA Piper Australia

ORDERS NSD 1626 of 2015

BETWEEN: MD RAKIBUL ISLAM Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 13 MAY 2016

THE COURT ORDERS THAT:

1. The application for an extension of time filed on 10 December 2015 is dismissed. 2. The applicant to pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MARKOVIC J: 1 On 25 January 2013 the applicant, who is a citizen of Bangladesh, applied for a student (Temporary) (Class TU) Visa (the Visa). On 15 July 2013 a delegate of the first respondent (the Minister) refused the application for the Visa. 2 On 5 August 2013 the applicant applied to the then Migration Review Tribunal (now the Administrative Appeals Tribunal) (the Tribunal) for review of the delegate's decision. On 8 September 2014 the Tribunal affirmed the delegate's decision. 3 On 13 October 2014, the applicant applied to the Federal Circuit Court of Australia (Federal Circuit Court) for review of the Tribunal's decision. On 30 January 2015, orders were made by consent remitting the matter to the Tribunal in light of Trivedi v Minister for Immigration and Border Protection (2014) 220 FCR 169. 4 On 13 April 2015, the applicant appeared before the Tribunal, differently constituted, to give evidence and present arguments and on 8 May 2015 that Tribunal affirmed the delegate's decision. 5 The applicant then applied to the Federal Circuit Court for review of the Tribunal's decision. On 10 November 2015, the Federal Circuit Court made orders and gave judgment dismissing the application: Islam v Minister for Immigration and Border Protection and Anor [2015] FCCA 3024 (Islam). 6 The applicant now seeks an extension of time pursuant to r 36.05 of the Federal Court Rules 2011 (the Rules) within which to file a notice of appeal of the orders made and judgment given on 10 November 2015 by the Federal Circuit Court dismissing his application for review of the Tribunal's decision.