Federal Court of Australia
Federal Court of Australia
ERE18 v Minister for Home Affairs (No 2) [2021] FCA 1346 Appeal from: Application for extension of time to appeal: ERE18 v Minister for Home Affairs & Anor [2019] FCCA 262
File number: NSD 1843 of 2019
Judgment of: STEWART J
Date of judgment: 2 November 2021
Catchwords: MIGRATION – application for an extension of time to file a notice of appeal – where applicant refused temporary protection visa by delegate of the Minister – where Immigration Assessment Authority confirmed the decision of the delegate – whether there was a failure to inquire by the delegate or Authority as to the applicant's heart condition – where applicant sought to adduce further evidence – where prospects of appeal poor – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 11 Migration Act 1958 (Cth) ss 36(2A), 473CA, s 473DC, 473DD, s 476 Federal Court Rules 2011 (Cth) r 36.03
Cases cited: Abebe v The Commonwealth of Australia [1999] HCA 14; 197 CLR 510 AQF17 v Minister for Immigration and Border Protection [2018] FCA 966 DYK16 v Minister for Immigration and Border Protection [2018] FCAFC 222; 267 FCR 69 ERE18 v Minister for Home Affairs & Anor [2019] FCCA 262 ERE18 v Minister for Home Affairs [2021] FCA 997 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; 3 FCR 344 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 MZZLL v Minister for Immigration and Border Protection [2015] FCA 1367 Re Commonwealth of Australia; Ex parte Marks [2000] HCA 67; 177 ALR 491 Vu v Minister for Immigration and Citizenship [2008] FCAFC 59; 101 ALD 211
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