Rere v Minister for Immigration and Border Protection [2018] FCA 846

FEDERAL COURT OF AUSTRALIA

Rere v Minister for Immigration and Border Protection [2018] FCA 846 File number: NSD 2210 of 2017

Judge: THAWLEY J

Date of judgment: 7 June 2018

Catchwords: MIGRATION – application under s 477A(2)(a) of the Migration Act 1958 (Cth) for an extension of time within which to lodge an application for review of a migration decision – where applicant's visa was cancelled under s 501(2) – where applicant delayed in filing application for review of cancellation decision – where applicant claimed delay was due to difficulty obtaining and completing documentation required to lodge application for review – where explanation for delay inadequate – where proposed grounds of review insufficient to warrant grant of extension of time – application refused

Legislation: Migration Act 1958 (Cth), ss 476A(1)(c), 477(3)(d), 477A(1), 477A(2), 501(2) Federal Court Rules 2011 (Cth), r 2.25(3)(a)

Cases cited: ActewAGL Distribution v Australian Energy Regulator (2011) 195 FCR 142 Griffiths v Minister for Immigration and Border Protection [2018] FCA 629 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Hands v Minister for Immigration and Border Protection [2018] FCA 662 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jess v Scott (1986) 12 FCR 187 Manna v Minister for Immigration and Citizenship [2013] FCA 400 McLachlan v Minister for Immigration and Border Protection [2018] FCA 109 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Muggeridge v Minister for Immigration and Border Protection (2017) 351 ALR 153 MZABP v Minister for Immigration and Border Protection (2014) 242 FCR 585 Ogbonna v Minister for Immigration and Border Protection [2018] FCA 620 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83