DBR17 v Minister for Home Affairs [2018] FCA 1783

FEDERAL COURT OF AUSTRALIA

DBR17 v Minister for Home Affairs [2018] FCA 1783 Appeal from: DBR17 v Minister for Immigration [2018] FCCA 1581

File number: NSD 1193 of 2018

Judge: RARES J

Date of judgment: 13 November 2018

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 5H, 5J, 36 Federal Circuit Court Rules 2001 r 44.12

Cases cited: Bienstein v Bienstein (2003) 195 ALR 225 Jackamarra v Krakouer (1998) 195 CLR 516 R v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087

Date of hearing: 13 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 25

Counsel for the Appellant: The Appellant appeared in person assisted by an interpreter

Solicitor for the First Respondent: Mr L Leerdam of DLA Piper Australia

Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs

ORDERS NSD 1193 of 2018

BETWEEN: DBR17 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 13 November 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed as incompetent. 2. The oral application for an extension of time in which to file any application for leave to appeal be dismissed. 3. The applicant pay the first respondent's costs fixed in the amount of $2700. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.