CUH17 v Minister for Immigration and Border Protection [2018] FCA 1699

FEDERAL COURT OF AUSTRALIA

CUH17 v Minister for Immigration and Border Protection [2018] FCA 1699 Appeal from: Application for extension of time: CUH17 v Minister for Immigration & Anor [2018] FCCA 1337

File number: QUD 485 of 2018

Judge: ALLSOP CJ

Date of judgment: 6 November 2018

Date of hearing: 6 November 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 9

Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter

Counsel for the Respondents: E Hoiberg

Solicitor for the Respondents: Sparke Helmore

ORDERS QUD 485 of 2018

BETWEEN: CUH17 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 6 NOVEMBER 2018

THE COURT ORDERS THAT:

1. On the conditions in these orders, the hearing be vacated and stood over to a date to be fixed for judgment or further hearing. 2. On or before 7 December 2018, the applicant file and serve written submissions and any material in support of his draft notice of appeal, setting out why the Federal Circuit Court was wrong in its decision. 3. If no material is filed, or if the material filed does not in the Chief Justice's view, raise any need for a response by the Minister, the matter will proceed to judgment on the papers. 4. If material is filed, and the Chief Justice considers that the Minister should answer any aspect of it, the chambers of the Chief Justice will communicate with the parties concerning the nature of that response. 5. On the condition that no access will be granted to any party without leave from the Court, the letter of Dr. Asha Sadasivan dated 29 October 2018 be uploaded onto the electronic court file as Exhibit A. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.