Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DHJ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 414 Appeal from: DHJ16 v Minister for Immigration and Border Protection [2019] FCCA 109
File number: NSD 1730 of 2019
Judge: COLLIER J
Date of judgment: 1 April 2020
Catchwords: MIGRATION – application for extension of time to appeal from decision of the Federal Circuit Court – primary Judge dismissed application for judicial review of decision of the Immigration Assessment Authority – lengthy delay in filing notice of appeal – whether applicant provided satisfactory reason for the delay – merits of the appeal – whether Authority misinterpreted the relevant Practice Direction
Legislation: Federal Court Rules 2011 (Cth) rr 36.03(a)(i), 36.05 Migration Act 1958 (Cth) ss 5H(1), 5J, 36(2)(a), 36(2)(aa), 36(2A), 36(2B), 473, 473DA, 473DC, 473DD
Cases cited: DHJ16 v Minister for Immigration and Border Protection [2019] FCCA 109 Hunter Valley Developments Pty Limited v Cohen (1984) 3 FCR 344 at 348-349; [1984] FCA 176 Mentink v Minister for Home Affairs [2013] FCAFC 113 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478; [2016] FCAFC 110 QAAH v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 9 Vu v Minister for Immigration & Citizenship (2008) 101 ALD 211; [2008] FCAFC 59
Date of hearing: 16 March 2020
Registry: New South Wales
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