Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZARV v Minister for Home Affairs [2018] FCA 809 Appeal from: Application for extension of time: MZARV v Minister for Immigration & Anor [2016] FCCA 2898
File number: VID 58 of 2018
Judge: BROMBERG J
Date of judgment: 17 May 2018
Catchwords: MIGRATION – application to extend time to file notice of appeal – whether a reasonable prospect of establishing that the Tribunal fell into jurisdictional error by failing to consider an integer of the applicant's claim – application granted
Legislation: Migration Act 1958 (Cth)
Cases cited: MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585
Date of hearing: 17 May 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: Ms R Germov
Solicitor for the Applicant: WLW Migration Lawyers
Counsel for the First Respondent: Ms C Symons
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The second respondent filed a submitting notice
ORDERS VID 58 of 2018
BETWEEN: MZARV Applicant
AND: MINISTER FOR HOME AFFAIRS First Respondent
ADMINISTRARIVE APPEALS TRIBUNAL Second Respondent
JUDGE: BROMBERG J DATE OF ORDER: 17 may 2018
THE COURT ORDERS THAT:
1. The Applicant's application for an extension of time dated 29 January 2018 be granted. 2. Costs of the application be reserved. 3. Time be extended to 24 May 2018 for the Applicant to file and serve a notice of appeal in the form of, or substantially in the form of, the document titled "Draft Notice of Appeal from the Federal Circuit Court of Australia". 4. On or before 5 June 2018 the Applicant prepare, file and serve an appeal book. 5. On or before 5 June 2018 the Applicant file and serve his outline of submissions. 6. On or before 19 June 2018 the First Respondent file and serve his outline of submissions. 7. On or before the day 7 days prior to the appeal the parties file and serve lists of authorities. 8. The appeal be listed for hearing on an estimate of half a day on a date to be fixed in the Court's appellate sittings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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