Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sami v Minister for Immigration and Border Protection [2016] FCA 1405 Appeal from: Application for extension of time to appeal: Sami v Minister for Immigration and Border Protection [2015] FCA 1496
File number: WAD 441 of 2016
Judge: BARKER J
Date of judgment: 24 November 2016
Catchwords: MIGRATION – application for extension of time to appeal from primary judge's decision – where application should have been for extension of time to seek leave to appeal – where relevant application for grant of Australian citizenship made in 2005 – where permanent residency visa subsequently cancelled – where subsequent change in law – extent of delay – whether leave to appeal likely to be granted – whether arguable error in primary judge's decision – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 29(7), 44(2A) Australian Citizenship Act 1948 (Cth) ss (9)(c), 13(1)(d), 13(1)(e), 13(1)(f), 13(4)(b)(i), 13(4)(b)(ii), 13(4)(b)(iii), 13(4)(b)(iv), 13(4)(b)(v), 13(9)(c), 13(11A) Australian Citizenship Act 2007 (Cth) s 3 Australian Citizenship (Transitionals and Consequentials) Act 2007 (Cth) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 501
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 186 Sami v Minister for Immigration and Citizenship [2013] FCA 106 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31
Date of hearing: 18 November 2016
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