Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ARN17 v Minister for Immigration and Border Protection [2018] FCA 974 Appeal from: Application for extension of time: ARN17 v Minister for Immigration & Anor [2017] FCCA 2551
File number: NSD 19 of 2018
Judge: CHARLESWORTH J
Date of judgment: 29 June 2018
Catchwords: MIGRATION – application for extension of time – inadequate explanation for part of delay – proposed appeal without merit PRACTICE AND PROCEDURE – delay in commencing appeal – documents prepared by lawyer not frankly stating facts relevant to the adequacy of the applicant's explanation for the delay – direct access counsel – reasonable expectations of non-English speaking litigant as to terms of retainer with barrister – disruption to court's processes by late briefing of alternate direct access counsel, late application to amend and late preparation of written submissions
Legislation: Migration Act 1958 (Cth) ss 5, 5AA, 46A, 473CB, 473CC, 473DD, 474, 476, Pt 7AA Privacy Act 1988 (Cth) s 6 Federal Court Rules 2011 (Cth) rr 1.61, 36.03, 36.05
Cases cited: AHI15 v Minister for Immigration and Border Protection [2016] FCA 64 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33 Gomez v Minister for Immigration and Multicultural Affairs [2002] FCAFC 105, (2002) 190 ALR 543 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 University of Wollongong v Metwally (No 2) [1985] HCA 28, (1985) 60 ALR 68 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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