CBX15 v Minister for Home Affairs [2020] FCA 1304

FEDERAL COURT OF AUSTRALIA

CBX15 v Minister for Home Affairs [2020] FCA 1304 Appeal from: Application for extension of time: CBX15 v Minister for Immigration & Anor [2016] FCCA 365

File number: NSD 318 of 2019

Judge: NICHOLAS J

Date of judgment: 15 September 2020

Catchwords: MIGRATION – whether extension of time to file appeal should be granted where delay of almost three years – where all applicant's proposed grounds of appeal relate to matters not raised before primary judge – consideration of merits of proposed appeal – prospects of success – whether in the interests of justice to grant extension of time – application for extension of time dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) s 438

Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Han v Minister for Home Affairs [2019] FCA 331 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Metwally v University of Wollongong (1985) 60 ALR 68 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 Re Commonwealth of Australia: Ex Parte Marks (2000) 177 ALR 491 SZSZW v Minister for Immigration and Border Protection [2018] FCAFC 82 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588 WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 236 FCR 593