SZUHB v Minister for Immigration and Border Protection [2017] FCA 1516

FEDERAL COURT OF AUSTRALIA

SZUHB v Minister for Immigration and Border Protection [2017] FCA 1516 File number(s): NSD 1552 of 2016

Judge(s): GREENWOOD J

Date of judgment: 12 December 2017

Catchwords: MIGRATION – consideration of an application for an extension of time and for leave to appeal from a decision of the Federal Circuit Court of Australia dismissing an application to reinstate an application for judicial review dismissed by the Federal Circuit Court of Australia

Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa)

Cases cited: SZUHB v Minister for Immigration & Anor [2016] FCCA 2258

Date of hearing: 17 February 2017

Date of last submissions: 17 February 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 33

Counsel for the Applicant: The applicant appeared in person

Counsel for the First Respondent: Clayton Utz Lawyers

ORDERS NSD 1552 of 2016

BETWEEN: SZUHB Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 12 DECEMBER 2017

THE COURT ORDERS THAT:

1. The application for an extension of time and leave to appeal filed by the applicant on 15 September 2016 is dismissed. 2. The applicant pay the costs of the first respondent of and incidental to the application to be taxed or as agreed. 3. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.