BOO17 v Minister for Home Affairs [2018] FCA 1302

FEDERAL COURT OF AUSTRALIA

BOO17 v Minister for Home Affairs [2018] FCA 1302 Appeal from: Application for extension of time: BOO17 v Minister for Border Protection and Anor [2018] FCCA 99

File number: QUD 59 of 2018

Judge: LOGAN J

Date of judgment: 8 August 2018

Catchwords: MIGRATION – application for extension of time – where both parties are disposed to allowing extension – s 37M of the Federal Court of Australia Act 1976 (Cth) – opportunity cost to the judiciary. Held – extension allowed.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37P Migration Act 1958 (Cth)

Date of hearing: 8 August 2018

Date of last submissions: 8 August 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Mr Keim SC with Ms Murphy

Solicitor for the Applicant: Chand Lawyers

Counsel for the Respondent: Mr B McGlade

Solicitor for the Respondent: Minter Ellison

ORDERS QUD 59 of 2018

BETWEEN: BOO17 Applicant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 8 AUGUST 2018

THE COURT ORDERS THAT:

1. The application for an extension of time is adjourned for hearing in the November appeal period, on a date to be fixed by the Registrar after consultation with the parties. 2. Argument on the extension application is to be treated as if it were argument on the appeal, in the event that an extension were granted. 3. The applicant is to file and serve, on or before 31 August 2018: (a) a supplementary outline of submissions of not more than 10 pages; and (b) a supplementary application book. 4. On or before 28 September 2018, the first respondent file and serve: (a) a supplementary outline of submissions, of no more than 10 pages; and (b) any application for the admission of further evidence on the premise that argument on the application is to be treated as argument on the appeal; (c) any related affidavit of evidence. 5. On or before 12 October 2018, the applicant file and serve any outline in reply, of not more than 10 pages. 6. The applicant's draft amended notice of appeal, dated 6 August 2018, be placed on the Court file. 7. Liberty to apply. 8. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.