Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pal v Minister for Immigration and Border Protection [2017] FCA 1362 Appeal from: Application for an extension of time: Pal v Minister for Immigration & Anor [2017] FCCA 906
File number: VID 436 of 2017
Judge: BESANKO J
Date of judgment: 22 November 2017
Catchwords: MIGRATION – consideration of an application for an extension of time within which to seek leave to appeal from an order made by the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Federal Circuit Court found the applicant's application for judicial review was incompetent or a nullity by reason of s 486D(1) of the Migration Act 1958 (Cth) – where the applicant did not disclose the fact of a previous application for judicial review – where the applicant's first judicial review application remains "on foot" – where the application for leave to appeal has no prospect of success
Legislation: Migration Act 1958 (Cth) s 486D Federal Court Rules 2011 (Cth) rr 35.13, 35.14
Cases cited: Decor Corporation Pty Ltd and Another v Dart Industries Inc (1991) 33 FCR 397 Luck v University of Southern Queensland (2009) 176 FCR 26 Minister for Immigration and Border Protection v BJC16 and Another [2017] FCAFC 114; (2017) 347 ALR 62 Re Luck [2003] HCA 70; (2003) 203 ALR 1
Date of hearing: 14 November 2017
Registry: Victoria
Division: General Division
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