Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BXD17 v Minister for Immigration and Border Protection [2018] FCA 765 Appeal from: Application for extension of time: BXD17 v Minister for Immigration & Anor [2017] FCCA 2965
File number: NSD 2299 of 2017
Judge: THAWLEY J
Date of judgment: 7 June 2018
Catchwords: MIGRATION – application for extension of time in which to file notice of appeal from orders of Federal Circuit Court – where Federal Circuit Court dismissed application for review of decision of Administrative Appeals Tribunal – where relatively short delay in bringing application for extension of time – where proposed grounds of appeal lack merit – where futility of proposed appeal outweighs factors in favour of granting extension of time – application refused
Legislation: Migration Act 1958 (Cth), s 476 Federal Court Rules 2011 (Cth), rr 1.39, 35.14(3)(b), 36.03, 36.05
Cases cited: ActewAGL Distribution v Australian Energy Regulator (2011) 195 FCR 142 Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated (1981) 148 CLR 170 Cross v Harbour City Ferries Pty Ltd [2017] FCA 1577 Dobson v Australia Postal Corp [2013] FCA 320 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jess v Scott (1986) 12 FCR 187 Kaur v Minister for Immigration and Border Protection [2016] FCA 565 House v The King (1936) 55 CLR 499 Manna v Minister for Immigration and Citizenship [2013] FCA 400 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 MZABP v Minister for Immigration and Border Protection and Other (2014) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 SZUMJ v Minister for Immigration and Border Protection [2017] FCA 1380
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