Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVMG v Minister for Immigration and Border Protection [2016] FCA 1365 Appeal from: Application for extension of time and leave to appeal: SZVMG v Minister for Immigration & Anor [2016] FCCA 631
File number: NSD 1102 of 2016
Judge: COLLIER J
Date of judgment: 17 November 2016
Catchwords: MIGRATION – application for extension of time to appeal Federal Circuit Court judgment – applicant failed to appear at Tribunal hearing – Tribunal exercised discretion pursuant to s 426A Migration Act 1958 (Cth) – consideration of factors relevant to application for extension of time to appeal – applicant self-represented with poor understanding of English – applicant believed he had filed notice of appeal within time – draft grounds of appeal lack merit – application dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 426A, 426A(1) Federal Court Rules 2011 (Cth), rr 36.03, 36.05
Cases cited: AZAFB v Minister for Immigration and Border Protection [2015] FCA 1383 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Ponugoti v Minister for Immigration and Border Protection [2015] FCA 67
Date of hearing: 10 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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