EBT16 v Minister for Home Affairs [2019] FCA 832

FEDERAL COURT OF AUSTRALIA

EBT16 v Minister for Home Affairs [2019] FCA 832 Appeal from: Application for an extension of time for leave to appeal: EBT16 v Minister for Home Affairs & Anor [2019] FCCA 75

File number: QUD 110 of 2019

Judge: RANGIAH J

Date of judgment: 28 May 2019

Catchwords: MIGRATION – application for extension of time for leave to appeal from judgment of Federal Circuit Court refusing to extend time under s 477(2) of the Migration Act 1958 (Cth) – no jurisdiction in respect of proposed appeal – application dismissed

Legislation: Migration Act 1958 (Cth) ss 476A(3)(a) and 477(2)

Cases cited: BDA16 v The Minister for Home Affairs [2019] FCA 85

Date of hearing: 28 May 2019

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 5

Counsel for the Appellant: The Appellant appeared in person

Counsel for the First Respondent: Ms B Rayment

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS QUD 110 of 2019

BETWEEN: EBT16 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RANGIAH J DATE OF ORDER: 28 MAY 2019

THE COURT ORDERS THAT:

1. The application for an extension of time and leave to appeal be dismissed. 2. The applicant pay the first respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.