Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BZADJ v Minister for Immigration and Border Protection [2017] FCA 853 Appeal from: Application for an extension of time: BZADJ v Minister for Immigration and Border Protection [2013] FCCA 1493
File number: QUD 68 of 2017
Judge: WHITE J
Date of judgment: 28 July 2017
Catchwords: MIGRATION – application for an extension of time to commence an appeal – extension of over three years sought – material provided in support of the application considered inadequate – consideration of respondent's non-opposition to application – consideration of the prejudice to the applicant if application refused – consideration of the prospects of success of an appeal. Held: application granted.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20(3)(b), 25(2)(b) Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) ss 351, s 438 Federal Court Rules 2011 (Cth) rr 1.39, 36.03
Cases cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Ferocem Pty Ltd v Commissioner of Patents (1994) 49 FCR 205 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183; (2016) 244 FCR 305 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; (2016) 243 FCR 1 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399
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