Federal Court of Australia
Federal Court of Australia
BJT19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 870 Appeal from: BJT19 v Minister for Home Affairs (Federal Circuit Court of Australia, Judge Street, SYG 842 of 2019, 26 September 2019)
File number(s): NSD 399 of 2020
Judgment of: CHEESEMAN J
Date of judgment: 26 July 2022
Catchwords: MIGRATION – application for extension of time within which to appeal from decision of Federal Circuit Court (now the Federal and Family Circuit Court of Australia) – where Circuit Court dismissed application for review of decision of the Immigration Assessment Authority – where the Authority refused the applicant's application for a Safe Haven Enterprise Visa (Subclass 790) –where sole ground of appeal in draft notice of appeal not raised before primary judge – Held: application for extension of time dismissed with costs.
Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa) Federal Court Rules 2011 (Cth), rr 36.03, 36.05
Cases cited: AWV18 v Minister for Home Affairs (No 3) [2020] FCA 365 BFN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 12 BGB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 11 BJM15 v Minister for Immigration and Border Protection [2021] FCA 786 BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Coulton v Holcombe (1986) 162 CLR 1 DQU16 v Minister for Home Affairs [2021] HCA 10 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319; 135 ALD 17 SZVBT v Minister for Immigration and Border Protection [2017] FCA 355 VAUX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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