ERE18 v Minister for Home Affairs [2021] FCA 997

Federal Court of Australia

ERE18 v Minister for Home Affairs [2021] FCA 997 Appeal from: ERE18 v Minister for Home Affairs & Anor [2019] FCCA 262

File number(s): NSD 1843 of 2019

Judgment of: STEWART J

Date of judgment: 19 August 2021

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time – where applicant was late in serving submissions – where respondent had already filed and served submissions – where there was prejudice to the respondent as a result of the applicant's late service of submissions – where new ground of appeal raised in applicant's submissions – where applicant had not filed amended notice of appeal – where applicant was in breach of the ordered timetable

Legislation: Migration Act 1958 (Cth) ss 36(2A), 36(2)(a)

Date of hearing: 19 August 2021

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 12

Counsel for the Applicant: P Bodisco

Solicitor for the Applicant: ABU Legal

Counsel for the First Respondent: S Given of HWL Ebsworth Lawyers

Solicitor for the First Respondent: HWL Ebsworth Lawyers

ORDERS NSD 1843 of 2019

BETWEEN: ERE18 Applicant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

order made by: STEWART J DATE OF ORDER: 19 AUGUST 2021

THE COURT ORDERS THAT:

1. The applicant have leave to file and serve an amended draft notice of appeal deleting the existing draft grounds of appeal and substituting them with a new ground based on the contention that the Immigration Assessment Authority (IAA) wrongly failed to inquire into the applicant's medical condition and whether as a result of it he would face a real risk of suffering significant harm if returned to Lebanon. 2. The applicant file and serve his amended draft notice of appeal by 27 August 2021. 3. The first respondent file and serve a supplementary application book containing the protection visa interview transcript, the DFAT Country Information Lebanon Report dated 23 October 2017, and any other documents that were before the IAA relevant to the new draft ground of appeal referred to in order 1 by 15 September 2021. 4. The applicant file and serve any evidence sought to be relied on by him in support of the new draft ground of appeal in addition to what is it the application book and supplementary application book by 29 September 2021. 5. The applicant file and serve written submissions (of no more than 10 pages, clearly legible, at least one and a half line spaced in 12 pt font) in support of his application for an extension of time and the new draft ground of appeal and a list of authorities by 15 October 2021. 6. The first respondent file and serve written submissions in response (of no more than 10 pages, clearly legible, at least one and a half line spaced in 12 pt font) and a list of authorities by 22 October 2021. 7. The parties jointly provide to the associate of Stewart J an electronic joint bundle of the parties' Part A and Part B authorities (not separated between Part A and Part B authorities) with an index, word searchable, with the case authorities arranged in alphabetical order and each authority being a separate PDF document (not a merged document) by 27 October 2021. 8. The first respondent's wasted costs caused by the adjournment to be paid by the applicant. 9. The matter is listed for hearing on 29 October 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.