Federal Court of Australia
Federal Court of Australia
ABE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1495 Appeal from: Application for extension of time and leave to appeal: ABE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 386
File number(s): SAD 156 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 30 November 2021
Catchwords: MIGRATION – application for extension of time and leave to appeal from Federal Circuit Court – no House v King error established – whether proposed grounds of appeal reasonably arguable – application for extension of time and leave to appeal refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) Federal Circuit Court Rules 2001 (Cth) (repealed) r 16.05(2)(a) Federal Court Rules 2011 (Cth) r 36.57
Cases cited: ALQ16 v Minister for Immigration and Border Protection [2017] FCA 283 CAL15 v Minister for Immigration & Border Protection [2016] FCA 1344 DXQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1184 Gallo v Dawson [1990] HCA 30; (1990) 93 ALR 479 Hamod v New South Wales [2011] NSWCA 375 House v King (1936) 55 CLR 499 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608
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