ABD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 575

Federal Court of Australia

ABD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 575 Appeal from: ABD18 v Minister for Home Affairs & Anor [2019] FCCA 3012

File number(s): WAD 620 of 2019

Judgment of: GREENWOOD J

Date of judgment: 18 May 2022

Catchwords: MIGRATION – consideration of an application for an extension of time and for leave to file a proposed notice of appeal

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 25

Date of last submission/s: 28 October 2020

Date of hearing: 19 November 2020

Solicitor for the Applicant: Gilbert + Tobin

Solicitor for the Respondents: Australian Government Solicitor

ORDERS WAD 620 of 2019

BETWEEN: ABD18 Applicant

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

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

order made by: GREENWOOD J DATE OF ORDER: 18 MAY 2022

THE COURT ORDERS THAT:

1. The applicant is granted an extension of time to file a notice of appeal as sought by the substituted application for an extension of time filed on 2 September 2020. 2. The applicant is granted leave to rely upon the notice of appeal being Annexure DJL-2 to the affidavit of ABD18 filed on 2 September 2020. 3. The notice of appeal referred to in Order 2 of these orders is to be filed within 30 days of the date of these orders. 4. The first respondent pay the costs of the applicant of and incidental to the application. 5. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.