SZUZD v Minister for Immigration and Border Protection [2016] FCA 1371

FEDERAL COURT OF AUSTRALIA

SZUZD v Minister for Immigration and Border Protection [2016] FCA 1371 File number: NSD 1135 of 2016

Judge: WHITE J

Date of judgment: 4 November 2016

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to appeal a judgment of the Federal Circuit Court – length of the extension sought. Held: None of the proposed grounds of appeal reasonably arguable – application dismissed.

Legislation: Federal Court Rules 2011 (Cth) rr 36.03, 36.05 Migration Act 1958 (Cth) ss 5J(1), 36(2)(aa), 91R, 476

Cases cited: Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 SZUZD v Minister for Immigration [2016] FCCA 1883

Date of hearing: 4 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter

Counsel for the Respondents: Mr K Eskerie

Solicitor for the Respondents: Sparke Helmore

ORDERS NSD 1135 of 2016

BETWEEN: SZUZD Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: WHITE J DATE OF ORDER: 4 NOVEMBER 2016

THE COURT ORDERS THAT:

1. The application for an extension of time within which to commence an appeal is dismissed. 2. The Applicant is to pay the costs of the First Respondent of an incidental to the application fixed in the sum of $2,500. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.