Pirini v Minister for Immigration and Border Protection [2018] FCA 945

FEDERAL COURT OF AUSTRALIA

Pirini v Minister for Immigration and Border Protection [2018] FCA 945 File number: NSD 1631 of 2017

Judge: MARKOVIC J

Date of judgment: 21 June 2018

Catchwords: MIGRATION – where the applicant seeks an extension of time pursuant to s 477A(2) of the Migration Act 1958 (Cth) (Act) to make an application seeking judicial review of a decision of the Assistant Minister for Immigration and Border Protection (Assistant Minister) – where the Assistant Minister determined not to revoke the decision under s 501(3A) of the Act to cancel the applicant's visa – whether an extension of time should be granted and the appeal should be allowed – application dismissed.

Legislation: Migration Act 1958 (Cth) ss 476A(1)(c), 477A, 501(3A), 501CA, 501CA(4)

Cases cited: Falzon v Minister for Immigration and Border Protection (2018) 351 ALR 61; [2018] HCA 2 Rere v Minister for Immigration and Border Protection [2018] FCA 846

Date of hearing: 5 April 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 36

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Ms N Johnson

Solicitor for the Respondent: Mills Oakley

ORDERS NSD 1631 of 2017

BETWEEN: HEIHOA CARL PIRINI Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 21 June 2018

THE COURT ORDERS THAT:

1. The application for an extension of time included in the amended originating application filed on 27 October 2017 (Amended Application) be dismissed. 2. The Amended Application be dismissed. 3. The applicant pay the respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.