AKN17 v Minister for Immigration and Border Protection [2019] FCA 741

FEDERAL COURT OF AUSTRALIA

AKN17 v Minister for Immigration and Border Protection [2019] FCA 741 File number: NSD 785 of 2018

Judge: WIGNEY J

Date of judgment: 3 May 2019

Catchwords: MIGRATION – refusal of an application for a Protection (Class XA) visa – where delegate of the Minister for Immigration and Border Protection refused application for a protection visa on the grounds that the applicant did not satisfy the relevant criteria – where applicant applied to the Administrative Appeals Tribunal for review of the decision by the Minister for Immigration and Border Protection – where review application was unsuccessful – where applicant filed an application for judicial review of the decision by the Administrative Appeals Tribunal in the Federal Circuit Court of Australia – review application dismissed by the Federal Circuit Court of Australia MIGRATION – application for an extension of time to file a notice of appeal from judgment of the Federal Circuit Court of Australia – where applicant did not file an appeal from the ex tempore judgment of the Federal Circuit Court of Australia within the required time in accordance with rr 1.61 and 36.03(a)(i) of the Federal Court Rules 2011 (Cth) – where applicant claimed notice of appeal was not filed within time as copy of the written judgment had not been provided – whether non-provision or later provision of written version of ex tempore judgment is a reasonable explanation for not filing a notice of appeal within time – where the applicant's explanation for not filing an application for extension of time was found to be not reasonable – where applicant did not demonstrate any arguable grounds of appeal from primary judge's judgment – application for an extension of time to file a notice of appeal dismissed