CBM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 551

Federal Court of Australia

CBM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 551 Appeal from: Application for an extension of time to appeal: CBM19 v Minister for Immigration & Anor [2020] FCCA 2287

File number: QUD 280 of 2020

Judgment of: SNADEN J

Date of judgment: 26 May 2021

Catchwords: MIGRATION – application for an extension of time and leave to appeal regarding a decision of the Federal Circuit Court of Australia (FCCA) – where FCCA summarily dismissed an application for judicial review of a tribunal decision – whether explanation for the delay is adequately explained – whether proposed appeal grounds have merit – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) – s 24 Federal Circuit Court of Australia Act 1999 (Cth) – s 17A Migration Act 1958 (Cth) – s 36 Federal Court Rules 2011 (Cth) – r 35.13

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36 BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 CBM19 v Minister for Immigration and Anor [2020] FCCA 2287 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 DKX17 v Federal Circuit Court of Australia and Others (2019) 268 FCR 64 House v R (1936) 55 CLR 499 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212