MZZLY v Minister for Immigration and Border Protection [2017] FCA 1326

FEDERAL COURT OF AUSTRALIA

MZZLY v Minister for Immigration and Border Protection [2017] FCA 1326 Appeal from: MZZLY v Minister for Immigration & Anor [2015] FCCA 133

File number: VID 649 of 2017

Judge: MOSHINSKY J

Date of judgment: 10 November 2017

Catchwords: MIGRATION – application for extension of time to appeal from judgment of the Federal Circuit Court of Australia – application more than two years out of time – application refused

Legislation: Migration Act 1958 (Cth), s 36

Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86

Date of hearing: 10 November 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicant: Mr R Sorensen

Solicitor for the Applicant: Jean Ely & Associates

Counsel for the Respondents: Mr R Knowles

Solicitor for the Respondents: Sparke Helmore Lawyers

ORDERS VID 649 of 2017

BETWEEN: MZZLY Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MOSHINSKY J DATE OF ORDER: 10 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The applicant's application for an extension of time to file a notice of appeal be dismissed. 2. The applicant pay the first respondent's costs of the application, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.