Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 758 Appeal from: AXX18 v Minister for Home Affairs & Anor [2019] FCCA 1373
File number: NSD 1036 of 2019
Judge: BURLEY J
Date of judgment: 3 June 2020
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to appeal from a decision of the Federal Circuit Court of Australia – where the applicant became unrepresented before the court below – where the point raised in the proposed notice of appeal was not taken before the court below – alleged jurisdictional error on the part of the Immigration Assessment Authority – application of the test in Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 – insufficient prospects – application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 36.03 Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa), 476
Cases cited: AXX18 v Minister for Home Affairs & Anor (No. 2) [2019] FCCA 1399 AXX18 v Minister for Home Affairs & Anor [2019] FCCA 1373 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; 3 FCR 344 at 348-9 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220; 56 ALD 43 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145; 266 FCR 105
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