CWT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 588

Federal Court of Australia

CWT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 588 Appeal from: CWT17 v Minister for Immigration [2018] FCCA 4030

File number: VID 39 of 2020

Judgment of: O'BRYAN J

Date of judgment: 4 June 2021

Catchwords: MIGRATION – application for extension of time to appeal from a decision of the Federal Circuit Court – delay excessive – explanation unsatisfactory – proposed grounds of appeal would not succeed – application refused

Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 65, 476 Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Cases cited: Applicants M160/2003 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 223 FCR 441 Ariaee v Minister for Immigration and Multicultural Affairs [2001] FCA 1627 Australian Securities and Investments Commission v Reid (No 1) (2006) 151 FCR 540 Elliott v Australian Securities and Investments Commission (2004) 10 VR 369 Foster v Australian Competition and Consumer Commission [2012] FCA 953 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jackamarra v Krakouer (1998) 195 CLR 516 Kalanje v Minister for Immigration and Multicultural Affairs [2006] FCA 1618 N1202/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 403; 68 ALD 21 NSW v Canellis (1994) 181 CLR 309 Parker v R [2002] FCAFC 133 Re Commonwealth of Australia; Ex parte Marks [2000] HCA 67; 177 ALR 491 SZQFS v Minister for Immigration and Citizenship [2011] FCA 1244 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399