APH16 v Minister for Immigration and Border Protection [2018] FCA 1752

FEDERAL COURT OF AUSTRALIA

APH16 v Minister for Immigration and Border Protection [2018] FCA 1752 Appeal from: Application for extension of time: APH16 v Minister for Immigration & Anor [2018] FCCA 1032

File number: VID 846 of 2018

Judge: THAWLEY J

Date of judgment: 13 November 2018

Catchwords: MIGRATION – application for extension of time to appeal from decision of the Federal Circuit Court of Australia – where leave would be required to rely on grounds not raised in Federal Circuit Court if an extension granted – whether proposed grounds of appeal have sufficient merit to warrant leave and extension of time

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 48A Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Cases cited: ActewAGL Distribution v Australian Energy Regulator (2011) 195 FCR 142 BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 BUD17 v Minister for Home Affairs [2018] FCAFC 140 BXD17 v Minister for Immigration and Border Protection [2018] FCA 765 Cross v Harbour City Ferries Pty Ltd [2017] FCA 1577 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Rawsthorne v Minister for Immigration and Citizenship [2013] FCAFC 39; 140 ALD 524 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235 SZUMJ v Minister for Immigration and Border Protection [2017] FCA 1380 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 240 FCR 261