Federal Court of Australia
Federal Court of Australia
BNT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1475 Appal from: Application for extension of time to appeal: BNT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 272
File number(s): NSD 323 of 2020
Judgment of: RARES J
Date of judgment: 17 November 2021
Catchwords: MIGRATION – application for extension of time to appeal against migration decision – where applicant seeks leave to argue sole ground on appeal on basis not taken below – where new ground lacks merit – application dismissed.
Legislation: Migration Act 1958 (Cth) ss 5J, 36
Cases cited: BNT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 272 FFM20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 156 Jackamarra v Krakouer (1998) 195 CLR 516 Reg. v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 25
Date of hearing: 17 November 2021
Counsel for the Applicant: Mr O.R. Jones
Solicitor for the Applicant: Northam Lawyers
Counsel for the First Respondent: Ms S. Burnett
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs.
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