AOT15 v Minister for Immigration and Border Protection [2016] FCA 1085

FEDERAL COURT OF AUSTRALIA

AOT15 v Minister for Immigration and Border Protection [2016] FCA 1085 Appeal from: Application for extension of time and leave to appeal: AOT15 v Minister for Immigration & Anor [2016] FCCA 470

File number: NSD 698 of 2016

Judge: BROMWICH J

Date of judgment: 8 September 2016

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal – where no prospect of success for underlying appeal – application dismissed – fixed costs awarded

Legislation: Federal Circuit Court Rules 2001 (Cth), r 44.12(1)(a) Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules 2011 (Cth), rr 35.13, 40.43(3)(b)

Cases cited: Appellant S395 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328; (2004) 214 ALR 264 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139; (2010) 81 ATR 36 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 Sekigawa v Minister for Immigration and Border Protection [2016] FCA 127; (2016) 237 FCR 276 SZOIN v Minister for Immigration and Citizenship [2011] FCAFC 38; (2011) 276 ALR 247 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 VFAB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872; (2003) 131 FCR 102 WABC of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 286