Federal Court of Australia
Federal Court of Australia
EBS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 187 Appeal from: Application for an extension of time: EBS17 v Minister for Immigration & Anor [2020] FCCA 1258
File number: NSD 880 of 2020
Judgment of: LEE J
Date of judgment: 2 March 2021
Catchwords: MIGRATION – application for an extension of time to file notice of appeal – less than compelling explanation for delay – no prejudice – substantive merits of underlying appeal likely determinative – extension allowed – failure of applicant to appear before tribunal on review application – discretion exercised to dismiss review application – no application for reinstatement – whether dismissal of application unreasonable in all the circumstances – dismissal plainly within range of acceptable outcomes – no error – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 426A Migration Amendment (Protection and Other Measures Act) 2015 (Cth) s 26
Cases cited: AZAFB v Minister for Immigration and Border Protection [2015] FCA 1383; (2015) 244 FCR 144 BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Dunlop v Fishburn (No 3) [2012] FCA 315 EBS17 v Minister for Immigration & Anor [2020] FCCA 1258 Kaur v Minister for Immigration and Border Protection [2014] FCA 915; (2014) 236 FCR 393 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541
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