Federal Court of Australia
Federal Court of Australia BJY19 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1424 Appeal from: Application for leave to appeal: BJY19 v Minister for Immigration (No 2) [2019] FCCA 3183
File number: NSD 1877 of 2019
Judgment of: LEE J
Date of judgment: 22 October 2021
Catchwords: MIGRATION – where application for an extension of time filed below seeking judicial review – application for an extension of time refused – legal argument proposed "very weak" – where applicant sought reinstatement below – complaint about conduct of solicitor – application for reinstatement refused – application for leave to appeal – decision of primary judge not attended with sufficient doubt to warrant leave being granted – application for leave to appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) ss 476A(3), 477(1), 477(2) Federal Court of Australia Act 1976 (Cth) s 24(1A)
Cases cited: BJY19 v Minister for Home Affairs [2019] FCCA 2156 BJY19 v Minister for Immigration (No 2) [2019] FCCA 3183 Nudd v The Queen [2006] HCA 9; (2006) 225 ALR 161
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 29
Date of hearing: 22 October 2021
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
Solicitor for the First Respondent: Ms A Zinn of Mills Oakley Lawyers
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