Kio v Minister for Home Affairs [2019] FCA 579

FEDERAL COURT OF AUSTRALIA

Kio v Minister for Home Affairs [2019] FCA 579 File number: VID 1114 of 2018

Judge: MURPHY J

Date of judgment: 19 March 2019

Catchwords: MIGRATION – application for an extension of time – application allowed

Legislation: Migration Act 1958 (Cth)

Cases cited: Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Mentink v Minister for Home Affairs [2013] FCAFC 113 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585; [2015] FCA 1391 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478; [2016] FCAFC 110

Date of hearing: 19 March 2019

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: Ms G Costello

Solicitor for the Applicant: Victoria Legal Aid

Counsel for the Respondent: Ms C Symons

Solicitor for the Respondent: Sparke Helmore

ORDERS VID 1114 of 2018

BETWEEN: CHAN BIK KIO Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: MURPHY J DATE OF ORDER: 19 MARCH 2019

THE COURT ORDERS THAT:

1. The application for an extension of time within which to lodge an application for review against the Respondent's decision of 19 June 2018 is allowed. 2. The Applicant have leave to file an amended application for review within 14 days. 3. Costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.