Le v Minister for Immigration and Border Protection [2017] FCA 1053

FEDERAL COURT OF AUSTRALIA

Le v Minister for Immigration and Border Protection [2017] FCA 1053

File number(s): QUD 682 of 2016

Judge(s): GREENWOOD J

Date of judgment: 5 September 2017

Catchwords: MIGRATION – consideration of an application for an extension of time for the filing of a notice of appeal – consideration of aspects of the merits of the grounds of appeal sought to be relied upon having regard to the extensive argument put on by the parties in relation to that question

Legislation: Migration Regulations 1994 (Cth), Reg 1.15AA(1)

Cases cited: Kalanje v Minister for Immigration and Multicultural Affairs [2006] FCA 1618 Naidu v Minister for Immigration (2004) 140 FCR 284

Date of hearing: 24 November 2016

Date of last submissions: 24 November 2016

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 62

Counsel for the Applicant: Mr P Unantenna

Solicitor for the Applicant: Essen Lawyers

Counsel for the Respondents: Mr B McGlade

Solicitor for the Respondents: Clayton Utz

ORDERS QUD 682 of 2016

BETWEEN: THI TANG HONG LE Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 5 SEPTEMBER 2017

THE COURT ORDERS THAT:

1. The applicant is granted an extension of time pursuant to r 36.05 of the Federal Court Rules 2011 for the filing of the notice of appeal filed on 30 August 2016. 2. The first respondent pay the applicant's costs of and incidental to the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.