Federal Court of Australia
Federal Court of Australia
Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1469 Appeal from: Application for extension of time and leave to appeal: Kaur v Minister for Immigration [2020] FCCA 629
File number: VID 179 of 2020
Judgment of: WIGNEY J
Date of judgment: 22 November 2021
Catchwords: MIGRATION – application for extension of time and leave to appeal – whether jurisdictional error or bias – where applicant failed English test criterion in cl 485.212 Sch 2 Migration Regulations 1994 (Cth) – where no submissions or evidence of substance made in support of application – where no circumstance justified extension of time – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules 2011 (Cth), rr 9.63, 35.13, 35.14, Sch 3 item 15.2 Federal Circuit Court Rules 2011 (Cth), rr 44.05, 44.11 and 44.12 Migration Act 1958 (Cth), s 476 Migration Regulations 1994 (Cth), Sch 2 cl 485.212(a) IMMI 15/062 dated 16 April 2015
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hunter Valley Developments Pty Limited v Cohen (1984) 3 FCR 344
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 27
Date of hearing: 22 November 2021
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