Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2020] FCA 319

FEDERAL COURT OF AUSTRALIA

Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2020] FCA 319 Review of: Application for an extension of time: Bernard and Minister for Immigration and Border Protection (Administrative Appeals Tribunal, No 2016/2913, Orders dated 3 May 2017

File number: WAD 604 of 2019

Judge: COLVIN J

Date of judgment: 12 March 2020

Catchwords: MIGRATION - application for extension of time to seek judicial review of decision by the Administrative Appeals Tribunal - where delay of two and a half years - where delay not adequately explained - whether application would have any prospects of success if extension granted - application dismissed

Legislation: Migration Act 1958 (Cth) ss 477, 477A, 501

Cases cited: Applicant in WAD 230/2014 v Minister for Immigration & Border Protection [2014] FCA 1351 Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2187 Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 109 CLS16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 237 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456 Vu v Minister for Immigration and Citizenship [2008] FCAFC 59