Sun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 395

Federal Court of Australia

Sun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 395 Appeal from: Sun & Ors v Minister for Immigration & Anor [2020] FCCA 2438

File number(s): QUD 328 of 2020

Judgment of: KERR J

Date of judgment: 14 April 2021

Catchwords: MIGRATION – application for extension of time to file a notice of appeal from the Federal Circuit Court of Australia (FCCA) – where FCCA upheld the decision of the Administrative Appeals Tribunal to dismiss the Applicant's application for review of the decision by a delegate of the Minister to cancel the Applicant's State/Territory Sponsored Investor (Provisional) (Class UR) (Subclass 165) visa – where the Minister submits that whether or not leave should be granted for the extension of time turns on the merits of the proposed grounds of appeal – where the proposed grounds of appeal are without merit – appeal dismissed PRACTICE AND PROCEDURE – where the Applicants did not appear at the hearing of the application for extension of time – where there was nothing before the Court by way of the Applicants seeking an adjournment or providing explanation for not attending the hearing – where the Minister made oral submissions and the appeal was dismissed with reasons in the absence of the Applicants

Legislation: Migration Regulations 1994 (Cth) r 165.222

Cases cited: Coulton v Holcombe (1986) 162 CLR 1 DKXY v Minister for Home Affairs [2019] FCA 495 Hunter Valley Development Pty Ltd v Cohen (1984) 3 FCR 344 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2014] FCAFC 158