CNU17 v Minister for Immigration and Border Protection [2018] FCA 1301

FEDERAL COURT OF AUSTRALIA

CNU17 v Minister for Immigration and Border Protection [2018] FCA 1301 Appeal from: Application for extension of time: CNU17 v Minister for Immigration and Anor [2017] FCCA 2990

File number: QUD 733 of 2017

Judge: LOGAN J

Date of judgment: 7 August 2018

Catchwords: PRACTICE AND PROCEDURE – application for extension of time – whether prospects of success – evidence before the Tribunal which potentially corroborated applicant's claim – Tribunal refused to receive that evidence – arguable case of jurisdictional error. Held – extension granted.

Date of hearing: 7 August 2018

Date of last submissions: 7 August 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicant: Mr E Mac Giolla Ri

Solicitor for the Applicant: McKenzie Mitchell Solicitors

Counsel for the Respondents: Ms S Forder

Solicitor for the Respondents: Sparke Helmore Lawyers

ORDERS QUD 733 of 2017

BETWEEN: CNU17 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 7 AUGUST 2018

THE COURT ORDERS THAT:

1. The time within which a notice of appeal against the judgment of the Federal Circuit Court delivered on 24 November 2017 may be filed, be extended to close of business on Friday 10 August 2018. 2. The costs of and incidental to the extension of time application be costs in the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.