Huni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 404

Federal Court of Australia

Huni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 404 Appeal from: Application for extension of time: Huni v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1454

File number: WAD 10 of 2022

Judgment of: JACKSON J

Date of judgment: 14 April 2022

Catchwords: MIGRATION - application for extension of time to appeal - applicant no longer wishes to pursue application - application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 501, 501CA Federal Court Rules 2011 (Cth) rr 1.61, 35.13, 36.03

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: 14 April 2022

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Ms K Hooper

Solicitor for the Respondent: Minter Ellison Lawyers

ORDERS WAD 10 of 2022

BETWEEN: LOUMAILE HUNI Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent

order made by: JACKSON J DATE OF ORDER: 14 APRIL 2022

THE COURT ORDERS THAT:

1. For the purposes of today's hearing, and pursuant to s 47B of the Federal Court of Australia Act 1976 (Cth), applicant and counsel for the respondent are permitted to deliver oral submissions by way of videolink. 2. Unless the court otherwise orders, and apart from the court's transcript provider, no person, including the parties and members of the public, who is observing the hearing of the proceeding by accessing any audio or video link may make any audio or video recording or photography of the hearing or any part of it. 3. Nothing in the preceding paragraph prevents any person, based on what he or she has seen or heard during the hearing: (a) making his or her own notes of the proceeding; or (b) publishing a fair report of the proceeding. 4. The application for an extension of time within which to appeal filed by the applicant on 6 January 2022 is treated as an application for an extension of time for the applicant to seek leave to appeal from the decision of the Court made in proceeding WAD 99 of 2021 on 21 October 2021. 5. The application for an extension of time is dismissed. 6. The applicant must pay the respondent's costs of the application on a lump sum basis. 7. On or before 4.00 pm AWST on 28 April 2022, the parties must file any agreed minute of proposed orders fixing a lump sum in relation to the respondent's costs. 8. In the absence of any agreement having been reached, the matter of an appropriate lump sum figure for the respondent's costs is referred to a Registrar for determination. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.