Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AYI16 v Minister for Immigration and Border Protection [2017] FCA 1358 Appeal from: Application for an extension of time: AYI16 v Minister for Immigration and Border Protection [2017] FCCA 1040
File number: VID 622 of 2017
Judge: TRACEY J
Date of judgment: 14 November 2017
Date of publication of reasons: 21 November 2017
Catchwords: MIGRATION – application for an extension of time and leave to appeal from a decision of the Federal Circuit Court – where the Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to not grant a Protection (Class XA) visa –whether there is an acceptable explanation for the delay – whether there would be any undue prejudice to the Minister if leave were granted – whether there is merit in the application
Legislation: Migration Act 1958 (Cth) ss 5(1), 36(2)(aa), 36(2A)(d) Federal Court Rules 2011 (Cth) r 36.03(a)(i)
Cases cited: AYI16 v Minister for Immigration and Border Protection [2017] FCCA 1040 SZMFT v Minister for Immigration and Citizenship [2008] FCA 1725 SZNFR v Minister for Immigration and Citizenship [2009] FCA 851 SZTAL v Minister for Immigration and Border Protection (2017) 91 ALJR 936; [2017] HCA 34
Date of hearing: 14 November 2017
Registry: Victoria
Division: General Division
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