BYL15 v Minister for Immigration and Border Protection [2017] FCA 1357

FEDERAL COURT OF AUSTRALIA

BYL15 v Minister for Immigration and Border Protection [2017] FCA 1357 Appeal from: Application for extension of time: BYL15 v Minister for Immigration and Border Protection [2017] FCCA 967

File number(s): VID 710 of 2017

Judge(s): DAVIES J

Date of judgment: 10 November 2017

Catchwords: MIGRATION – Application for extension of time to appeal; out of time by 31 days; ignorance of the time limit in which to file an appeal; no prejudice shown in granting an extension of time; no reasonable prospects of success to proposed grounds of appeal

Cases cited: Minister for Immigration and Citizenship v SZNPG (2010) FCAFC 51 NABE v Minister for Immigration (2004) 144 FCR 1 SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319

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: 8

Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter

Counsel for the Respondents: Mr LT Brown

Solicitor for the Respondents: Clayton Utz

ORDERS VID 710 of 2017

BETWEEN: BYL15 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: DAVIES J DATE OF ORDER: 10 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The application for an extension of time be dismissed. 2. The applicant pay the costs of the first respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.