Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lum v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 324 Appeal from: Application for extension of time: Lum and Minister for Home Affairs (Administrative Appeals Tribunal, No 2019/1355, Orders dated 17 May 2019)
File number: QUD 521 of 2019
Judge: BANKS-SMITH J
Date of judgment: 11 March 2020
Catchwords: MIGRATION - application for extension of time to seek judicial review of decision of Administrative Appeals Tribunal - cancellation of visa for character grounds when applicant serving period of imprisonment - where applicant obtained injunctive relief to prevent removal from Australia pending application for extension - applicant subsequently removed from Australia voluntarily - no appearance at hearing of application for extension - absence of any communication from applicant - whether application should be dismissed under r 5.23(1)(b) of the Federal Court Rules 2011 (Cth)
Legislation: Migration Act 1958 (Cth) ss 447, 501 Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 31.23
Cases cited: AYE16 v Minister for Immigration and Border Protection [2018] FCA 108 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Lum v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1420 SZNXA v Minister for Immigration and Citizenship [2010] FCA 775 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
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