Federal Court of Australia
Federal Court of Australia
Rascovici v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1191 Appeal from: Application for an extension of time to appeal: Rascovici and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 1640
File number(s): VID 203 of 2021
Judgment of: KERR J
Date of judgment: 21 September 2021
Catchwords: MIGRATION – application for an extension of time to appeal – whether the Tribunal erred in taking previously considered criminal history into account in the sense identified by the High Court in Minister for Immigration and Border Protection v Makasa [2021] HCA 1 – insufficient merit in proposed grounds of appeal – leave for an extension of time refused
Legislation: Migration Act 1958 (Cth) Direction No 79 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA
Cases cited: Hunter Valley Developments Pty Ltd (1984) 3 FCR 344 Minster for Immigration and Border Protection v Makasa [2021] HCA 1
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 45
Date of hearing: 21 September 2021
Counsel for the Applicant: Mr N C Dour
Counsel for the First Respondent: Mr J Barrington
Solicitor for the First Respondent: Sparke Helmore Lawyers
ORDERS VID 203 of 2021
BETWEEN: CRISTIAN RASCOVICI Applicant
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