BOT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 583

Federal Court of Australia

BOT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 583 Appeal from: Application for extension of time: BOT18 v Minister for Immigration & Anor [2019] FCCA 2793

File number: NSD 1772 of 2019

Judgment of: NICHOLAS J

Date of judgment: 31 May 2021

Catchwords: MIGRATION – application for extension of time to file appeal from decision of the Federal Circuit Court of Australia – where proposed appeal has no prospects of success – application dismissed

Legislation: Migration Act 1958 (Cth) ss 5J(1)(a), 426A(1A)(b), 426A(1B)

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 7

Date of hearing: 31 May 2021

Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter

Solicitor for the First Respondent: Ms E Warner Knight of Australian Government Solicitor

Counsel for the Second Respondent: The second respondent submitted save as to costs

ORDERS NSD 1772 of 2019

BETWEEN: BOT18 Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: NICHOLAS J DATE OF ORDER: 31 May 2021

THE COURT ORDERS THAT:

1. The application for an extension of time filed 30 October 2019 be dismissed. 2. The applicant pay the first respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.