ACA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1213

Federal Court of Australia

ACA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1213 Appeal from: Application for an extension of time to appeal ACA17 v Minister for Immigration & Anor [2019] FCCA 3133

File number: NSD 2186 of 2019

Judgment of: HALLEY J

Date of judgment: 7 October 2021

Catchwords: MIGRATION – application for extension of time in which to file a notice of appeal from a decision of the Federal Circuit Court of Australia pursuant to r 36.05 of the Federal Court Rules 2011 (Cth) – where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority affirming a decision of a delegate of the Minister not to grant the applicant a protection visa – jurisdictional error – power to issue practice directions pursuant to s 473FB of the Migration Act 1958 (Cth) – whether refusal to increase five page limit on written submissions amounted to a denial of procedural fairness – where sufficient explanation for applicant's immaterial delay in filing notice of appeal – where no specific prejudice to the Minister – whether proposed appeal has sufficient prospects of success – application dismissed

Legislation: Federal Court Rules 2011 (Cth) r 36.03 Migration Act 1958 (Cth) ss 5H, 36, 473CA, 473FB

Cases cited: DGZ16 v Minister for Immigration and Border Protection and Another (2018) 258 FCR 551; [2018] FCAFC 12 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 186 MZABP v Minister for Immigration and Border Protection and Others (2015) 242 FCR 585; [2015] FCA 1391 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399