Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khudayberganova v Minister for Immigration and Border Protection [2017] FCA 516 Appeal from: Application for extension of time: Khudayberganova v Minister for Immigration & Anor [2016] FCCA 2099
File number: NSD 2167 of 2016
Judge: MARKOVIC J
Date of judgment: 12 May 2017
Legislation: Federal Court Rules 2011 (Cth) r 36.03
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344
Date of hearing: 12 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: No Catchwords
Number of paragraphs: 34
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the First Respondent: Ms E Cheesman, Clayton Utz
Counsel for the Second Respondent: The second respondent filed a submitting notice, save as to costs.
ORDERS NSD 2167 of 2016
BETWEEN: MALIKA RHUDAYBERGANOVA Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: MARKOVIC J DATE OF ORDER: 12 MAY 2017
THE COURT ORDERS THAT:
1. The applicant's application for an extension of time filed on 16 December 2016 be dismissed. 2. The applicant pay the first respondent's costs fixed in the sum of $1,962.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)
MARKOVIC J: 1 The applicant applies for an extension of time within which to file an appeal from a judgment of the Federal Circuit Court of Australia (Federal Circuit Court) delivered on 11 November 2016. The Federal Circuit Court dismissed the applicant's application for judicial review of a decision of the then Migration Review Tribunal, now the Administrative Appeals Tribunal (Tribunal), dated 11 November 2014 which affirmed the decision of a delegate of the first respondent (Minister) not to grant the applicant a Student (Temporary) (Class TU) Subclass 572 visa. The last day for the filing of a notice of appeal, as mandated by r 36.03 of the Federal Court Rules 2011 (Cth) (Rules), was 5 December 2016. The applicant filed her application for an extension of time on 16 December 2016.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate