Federal Court of Australia
Federal Court of Australia
DBX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 897 Appeal from: Application for Extension of Time: DBX18 v Minister for Immigration and Anor [2019] FCCA 2831
File number: WAD 247 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 4 August 2021
Catchwords: MIGRATION – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – whether delay of over a year sufficiently explained – impressionistic consideration of the merits of the proposed appeal – whether the primary judge gave sufficient reasons such that the application for judicial review was properly heard – whether the conclusions reached were supported by sufficient analysis or were instead expressed at such a high level of generality as to fail to expose any underlying reasoning
Legislation: Migration Act 1958 (Cth) ss 5J(a), 5J(b), 36(2)(a), 36(2)(aa), 46A, 473CA, Pt 7AA Federal Court Rules 2011 (Cth) r 36.03
Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 Mohammed v Minister for Immigration and Border Protection [2015] FCA 184; (2015) 231 FCR 243 Sklavos v Australasian College of Dermatologists [2017] FCAFC 128; (2017) 256 FCR 247 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284; (2013) 236 FCR 442
Division: General Division
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