CZO18 v Minister for Home Affairs (No 2) [2019] FCA 1360

FEDERAL COURT OF AUSTRALIA

CZO18 v Minister for Home Affairs (No 2) [2019] FCA 1360 Appeal from: CZO18 v Minister for Home Affairs [2019] FCCA 243

File number(s): QUD 136 of 2019

Judge(s): GREENWOOD J

Date of judgment: 23 August 2019

Catchwords: MIGRATION – consideration of an appeal listed for hearing as a result of a grant of an extension of time within which to file the appeal – consideration of the appeal by a single judge of this Court exercising the appellate jurisdiction – consideration of the appeal by the judge who heard the application for an extension of time – the reasons for judgment and orders in relation to the appeal to be read together with the reasons and orders made in the application for an extension of time: CZO18 v Minister for Home Affairs [2019] FCA 1320

Legislation: Migration Act 1958 (Cth), s 473CB(1)

Date of hearing: 23 August 2019

Date of last submissions: 23 August 2019

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 20

Counsel for the Applicant: No appearance

Counsel for the First Respondent: Mr S Lee

Solicitor for the First Respondent: Clayton Utz

ORDERS QUD 136 of 2019

BETWEEN: CZO18 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 23 AUGUST 2019

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the costs of the first respondent (now described as the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs) of and incidental to the appeal including the costs of the appellant's application for an extension of time within which to bring an appeal and any reserved costs. 3. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.