Acuna Plaza v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1887

FEDERAL COURT OF AUSTRALIA

Acuna Plaza v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1887 Appeal from: Application for extension of time: Plaza v Minister for Immigration & Anor [2018] FCCA 1641

File number: QUD 477 of 2018

Judge: ALLSOP CJ

Date of judgment: 27 November 2018

Catchwords: MIGRATION – application for extension of time – where certain factual findings by primary judge accepted to be wrong – application granted

Legislation: Migration Act 1958 (Cth) s 368(2A)

Cases cited: Chhor v Minister for Immigration & Border Protection [2017] FCCA 2135

Date of hearing: 27 November 2018

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 8

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

Counsel for the First Respondent: J D Byrnes Solicitor for the First Respondent: Sparke Helmore

ORDERS QUD 477 of 2018

BETWEEN: VICTOR ANDRES ACUNA PLAZA Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 27 November 2018

THE COURT ORDERS THAT: 1. Time be extended in which to file and serve a notice of appeal to be in the form of the draft notice of appeal attached to the application for an extension of time, such filing and serving to be effected on or before 4pm on 14 December 2018. 2. The question of costs of the extension of time application be costs in the appeal. 3. The matter be stood over for directions and case management to 9:30am Brisbane time on 11 February 2018. THE COURT DIRECTS THAT: 4. The first respondent be named as the Minister for Immigration, Citizenship and Multicultural Affairs in the notice of appeal to be filed by the applicant and the proceedings be so entitled. 5. On or before 4 December 2018, the District Registrar request the President of the Bar Association of Queensland to nominate a barrister to assist the Court as pro bono counsel for the applicant. 6. Within 1 business day of the President of the Bar Association of Queensland notifying the District Registrar of her nominee, the District Registrar forward the nomination to the chambers of the Chief Justice and the parties. 7. On the nomination being forwarded to the Court, the nominee be granted leave to appear as pro bono counsel for the applicant. 8. Within 5 business days of the grant of leave pursuant to Order 7, the District Registrar, in consultation with the representative of the first respondent, supply the pro bono counsel for the applicant with all relevant material. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.