Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSZM v Secretary, Department of Immigration and Border Protection [2017] FCA 458 Appeal from: SZSZM v Secretary, Department of Immigration and Border Protection [2016] FCA 1477
File number: NSD 4 of 2017
Judge: BARKER J
Date of judgment: 27 April 2017
Catchwords: MIGRATION – application for extension of time to appeal – application for leave to appeal – where primary judge held respondent did not breach duty to remove unlawful non-citizens under s 198(1) of the Migration Act 1958 (Cth) – removal on request – amended application for leave to appeal on new ground – application dismissed
Legislation: Migration Act 1958 (Cth) ss 189, 196(1), 198(1), 501 Federal Court Rules 2011 (Cth) rr r 35.13, 36.01, 36.01(2)(c)
Cases cited: Ahmed Ali Al-Kateb v Philippa Godwin, Deputy Secretary, Department of Immigration and Multicultural and Indigenous Affairs & Ors [2004] 219 CLR 562; [2004] HCA 37 ASP15 v Commonwealth of Australia [2016] FCAFC 145 Croker v Phillips Electronics Australia Ltd [2000] FCA 1731 Kennedy v Secretary, Department of Industry (Commonwealth of Australia) & Anor [2016] FCA 1251 Sharman Licence Holdings Ltd v Universal Music Aust. Pty Ltd [2005] FCA 802 SZJJC v Minister for Immigration and Citizenship [2008] FCA 614 SZSZM v Secretary, Department of Immigration and Border Protection [2016] FCA 1477
Date of hearing: 27 April 2017
Registry: Western Australia
Division: General Division
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