AJH17 v Minister for Immigration and Border Protection [2018] FCA 718

FEDERAL COURT OF AUSTRALIA

AJH17 v Minister for Immigration and Border Protection [2018] FCA 718 Appeal from: Application for extension of time: AJH17 & Anor v Minister for Immigration & Anor [2017] FCCA 2681

File number: QUD 673 of 2017

Judge: COLLIER J

Date of judgment: 21 May 2018

Catchwords: MIGRATION – application for extension of time to appeal from decision of the Federal Circuit Court of Australia – protection visa – where reasons for delay unsatisfactory – where ground or grounds of appeal lack merit – application dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 424A Federal Court Rules 2011 (Cth) rr 9.63, 36.03(a)(i)

Cases cited: AJH17 & Anor v Minister For Immigration & Anor [2017] FCCA 2681 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344

Date of hearing: 21 May 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicants: The Applicants did not appear

Solicitor for the Respondents: Ms B Rayment of Sparke Helmore

ORDERS QUD 673 of 2017

BETWEEN: AJH17 First Applicant

AJI17 Second Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: COLLIER J DATE OF ORDER: 21 MAY 2018

THE COURT ORDERS THAT:

1. The application for extension of time filed on 1 December 2017 be dismissed. 2. The First Applicant pay the costs of the First Respondent of and incidental to this application, such costs to be taxed if not otherwise agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.