Federal Court of Australia
Federal Court of Australia
EJD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 349 Appeal from: EJD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1432
File number(s): NSD 683 of 2020
Judgment of: FARRELL J
Date of judgment: 6 April 2022
Catchwords: MIGRATION – application for extension of time to appeal from decision of Federal Circuit Court of Australia – where FCCA Judge made orders dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm a decision of delegate of responsible Minister to refuse the applicant a protection visa – where applicant filed application 115 days out of time – where reasons for FCCA Judge's orders were published after application for extension of time was filed – where applicant explains delay by reason of limited access to legal representation while in gaol and immigration detention – application dismissed PRACTICE AND PROCEDURE – application for leave to raise new ground on appeal not raised before the FCCA – where applicant relies on the fact that he was self-represented at the FCCA hearing – where applicant was legally represented in formulating grounds of judicial review application before the FCCA – where no explanation offered for why new ground not raised before the FCCA – leave refused
Legislation: Federal Court Rules 2011 (Cth) r 36.03 Migration Act 1958 (Cth) ss 5J, 476
Cases cited: AFZ17 v Minister for Immigration and Border Protection [2019] FCA 1035 EJD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1432 Fattah v Minister for Home Affairs [2019] FCAFC 31; (2019) 268 FCR 33 Han v Minister for Home Affairs [2019] FCA 331 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 SZUVX v Minister for Immigration and Border Protection [2016] FCA 301 Vo v Minister for Home Affairs [2019] FCAFC 108; (2019) 269 FCR 566
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