AVC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1752

Federal Court of Australia

AVC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1752 Appeal from: Application for leave to appeal from: AVC19 v Minister for Immigration & Anor [2020] FCCA 431

File number: NSD 261 of 2020

Judgment of: DAVIES J

Date of judgment: 9 December 2020

Catchwords: MIGRATION – application for leave to appeal from decision of Federal Circuit Court not to reinstate application for extension of time under s 477 of the Migration Act 1958 (Cth) that was dismissed for non-appearance by applicant PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision of Federal Circuit Court – no error of principle in primary judge's exercise of discretion – merits considered at reasonably impressionistic level – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 24(1A) Migration Act 1958 (Cth) s 477 Federal Circuit Court Rules 2001 (Cth) rr 13.03C(1)(c), 16.05

Cases cited: Baig v Minister for Immigration and Border Protection [2014] FCA 855 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127 FBS18 v Minister for Home Affairs [2019] FCAFC 196 House v The King [1936] HCA 40; 55 CLR 499 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110