GOR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 302

FEDERAL COURT OF AUSTRALIA

GOR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 302 Appeal from: Application for extension of time: GOR18 v Minister for Immigration & Anor [2019] FCCA 2963

File number: QUD 577 of 2019

Judge: RANGIAH J

Date of judgment: 4 March 2020

Catchwords: MIGRATION – application for extension of time to file notice of appeal – where attempts to file commenced within required time – whether appeal has prospects of success – application dismissed

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2) and 473DC Federal Court Rules 2011 (Cth) rr 2.25(3)(a) and 36.03(a)(i)

Date of hearing: 4 March 2020

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: Mr R Tien

Solicitor for the Applicant: Legal Guru Pty Ltd

Counsel for the First Respondent: Ms H Anderson

Solicitor for the First Respondent: Clayton Utz

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

ORDERS QUD 577 of 2019

BETWEEN: GOR18 Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: RANGIAH J DATE OF ORDER: 4 MARCH 2020

THE COURT ORDERS THAT:

1. The application for an extension of time to file a notice of appeal is 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.