SZVBN v Minister for Home Affairs [2018] FCA 1960

FEDERAL COURT OF AUSTRALIA

SZVBN v Minister for Home Affairs [2018] FCA 1960 Appeal from: Application for extension of time and appeal: SZVBN & Ors v Minister for Immigration (No.2) [2018] FCCA 1097

File number: NSD 1090 of 2018

Judge: LEE J

Date of judgment: 12 November 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court – whether the primary judge erred in applying s 48A of the Migration Act1958 (Cth)

Legislation: Migration Act 1958 (Cth), ss 46(1)(d), 48A Federal Court Rules 2011, r 36.05

Cases cited: Gibbons v Wright (1954) 91 CLR 423 Soondur v Minister of Immigration and Multicultural Affairs [2002] FCAFC 324; (2002) 122 FCR 578 SZVBN v Minister for Immigration and Border Protection [2017] FCAFC 90; (2017) 254 FCR 393

Date of hearing: 12 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicants: Mr O Jones

Counsel for the Respondent: Mr M Cleary

Solicitor for the Respondent: Sparke Helmore

ORDERS NSD 1090 of 2018

BETWEEN: SZVBN First Applicant

SZVBO Second Applicant

SZVBP Third Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: LEE J DATE OF ORDER: 12 NOVEMBER 2018

THE COURT ORDERS THAT:

1. Pursuant to r 36.05 of the Federal Court Rules 2011, the time for filing of a notice of appeal by the first applicant, SZVBN, be extended to 22 June 2018. 2. The draft notice of appeal stand as the notice of appeal in respect of SZVBN. 3. The appeal in relation to SZVBN be dismissed with costs. 4. The application for an extension of time by the second and third applicants, SZVBO and SZVBP, be refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.