BNX16 v Minister for Immigration and Border Protection [2017] FCA 1039

FEDERAL COURT OF AUSTRALIA

BNX16 v Minister for Immigration and Border Protection [2017] FCA 1039 Appeal from: Application for extension of time: BNX16 v Minister for Immigration & Anor [2017] FCCA 614

File number: QUD 119 of 2017

Judge: LOGAN J

Date of judgment: 4 August 2017

Catchwords: MIGRATION – application dismissed by primary judge pursuant to r 13.03C of the Federal Circuit Court Rules 2011 (Cth) – application for extension of time and leave to appeal – where delay is in the order of 13 days – whether findings of Tribunal were legally unreasonable – no reasonable prospects of success – extension of time refused – application dismissed

Legislation: Migration Act 1958 (Cth) Federal Circuit Court Rules 2001 (Cth) r 13.03C

Date of hearing: 4 August 2017

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter via telephone link

Solicitor for the Respondents: Sparke Helmore

ORDERS QUD 119 of 2017

BETWEEN: BNX16 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 4 AUGUST 2017

THE COURT ORDERS THAT:

1. The application for an extension of time in which to appeal be dismissed. 2. The applicant pay the first respondent's costs of the application, which are fixed in the amount of $1,756. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.