Yoshino v Minister for Immigration and Border Protection [2016] FCA 1414

FEDERAL COURT OF AUSTRALIA

Yoshino v Minister for Immigration and Border Protection [2016] FCA 1414 Appeal from: Application for an extension of time and leave to appeal: Yoshino v Minister for Immigration [2014] FCCA 1976

File number: NSD 1072 of 2016

Judge: RARES J

Date of judgment: 11 November 2016

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 476A, 477 Migration Regulations 1994 (Cth)

Date of hearing: 11 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 12

Counsel for the Applicant: The applicant appeared in person

Solicitor for the First Respondent: Ms S He of DLA Piper Australia

ORDERS NSD 1072 of 2016

BETWEEN: RYO YOSHINO Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 11 NOVEMBER 2016

THE COURT ORDERS THAT:

1. The application be dismissed for want of jurisdiction pursuant to s 476A(3)(a) of the Migration Act 1958 (Cth). 2. The applicant pay first respondent's costs as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT) RARES J: 1 On 5 July 2016, Ryo Yoshino filed an application in this Court for an extension of time and leave to appeal from a decision of the Federal Circuit Court that had refused to grant him an extension of five days to the 35 day period in which to make an application to the Federal Circuit Court in its original jurisdiction to review the decision of the Migration Review Tribunal given on 17 October 2013: Yoshino v Minister for Immigration [2014] FCCA 1976.