Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CDW16 v Minister for Immigration and Border Protection [2017] FCA 468 Appeal from: Application for extension of time: CDW16 v Minister for Immigration & Anor [2016] FCCA 3136
File number(s): NSD 2238 of 2016
Judge(s): WIGNEY J
Date of judgment: 4 May 2017
Catchwords: PRACTICE AND PROCEDURE – application for extension of time in which to file application for leave to appeal interlocutory judgment of Federal Circuit Court – whether extension of time should be granted – likelihood of appeal being granted – whether any arguable case for relief – whether decision of the primary judge attended with sufficient doubt to warrant it being reconsidered by an appellate court MIGRATION – judicial review – Protection (Class XA) visa – visa refused – refusal upheld by Administrative Appeals Tribunal – where appeal from Tribunal's decision dismissed by primary judge as raising no arguable case for relief
Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1A) Migration Act 1958 (Cth), ss 424A, 425 Federal Circuit Court Rules 2001 (Cth), r 44.12 Federal Court Rules 2011 (Cth), r 35.13
Cases cited: Croker v Philips Electronics Australia Ltd [2000] FCA 1731 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51
Date of hearing: 4 May 2017
Registry: New South Wales
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