Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rouxelle v Minister for Immigration and Border Protection [2018] FCA 1852 File number: VID 100 of 2018
Judge: KENNY J
Date of judgment: 27 November 2018
Catchwords: MIGRATION – Removal of unlawful non-citizen from Australia – where applicant had filed application for extension of time to appeal at time of removal – whether applicant had reasonable time and reasonable access to facilities to obtain legal advice and bring legal proceedings for injunctive relief in order to prevent removal PRACTICE & PROCEDURE – Application for extension of time – application dismissed as moot in absence of applicant from Australia
Legislation: Migration Act 1958 (Cth) ss 13, 14, 116, 137K, 153, 189, 195, 198, 254, 256, 357 Migration Regulations 1994 (Cth) regs 2.07(5), 4.13(4), items 1401(2)(a)(ii), 1401(3)(a) of Sch 1
Cases cited: DZAEH v Minister for Immigration and Border Protection [2016] FCA 178 SZSPI v Minister for Immigration and Border Protection [2014] FCAFC 140; 233 FCR 279
Date of hearing: Determined on the papers
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
The Applicant was self-represented
Solicitor for the Respondent: Sparke Helmore Lawyers
ORDERS VID 100 of 2018
BETWEEN: MARIETA MARIA ROUXELLE Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: KENNY J DATE OF ORDER: 27 november 2018
THE COURT ORDERS THAT:
1. The application for an extension of time be dismissed. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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