AGG15 v Minister for Immigration and Border Protection [2016] FCA 576

FEDERAL COURT OF AUSTRALIA

AGG15 v Minister for Immigration and Border Protection [2016] FCA 576 Appeal from: Application for extension of time and leave to appeal: AGG15 v Minister for Immigration and Border Protection [2015] FCCA 3128

File number(s): WAD 9 of 2016

Judge(s): CHARLESWORTH J

Date of judgment: 24 May 2016

Catchwords: MIGRATION – application for extension of time in which to commence an appeal from a judgment of the Federal Circuit Court – Federal Circuit Court judgment not pronounced simultaneously to both parties in the proceedings below – dispute as to the date on which the judgment sought to be appealed from was pronounced - extension of time granted to the extent that an extension is required – appeal dismissed on its merits

Legislation: Federal Court of Australia Act 1976 (Cth) s 4 Federal Court Rules 2011 rr 1.61, 36.03 Migration Act 1958 (Cth) ss 474, 476(1)

Cases cited: AGG15 v Minister for Immigration and Border Protection [2015] FCCA 3128 Craig v South Australia (1995) 184 CLR 163 House v The King (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Citizen v SZIAI [2009] HCA 39, (2009) ALJR 1123, 259 ALR 429 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZAMF v Minister for Immigration and Border Protection [2016] FCA 121 NAKX v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1559 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Quan v Minister for Immigration and Border Protection [2013] FCA 1239 SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319, (2012) 135 ALD 17 WAAD v Minister for Immigration & Multicultural Affairs [2002] FCAFC 399