Federal Court of Australia
Federal Court of Australia
Devanesan v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1366 File number(s): VID 753 of 2020
Judgment of: MCEVOY J
Date of judgment: 15 November 2022
Date of publication of reasons: 21 November 2022
Catchwords: MIGRATION – application for extension of time and leave to appeal from interlocutory decision in Federal Circuit Court of Australia – primary judge dismissed application to reinstate applicant's judicial review application – applicant provides no evidence or sufficient explanation for the delay in bringing application – applicant fails to demonstrate sufficiently any error of the primary judge to warrant the grant of leave to appeal –proposed grounds of appeal lack sufficient merit to warrant an order extending time for the making of leave application or grant of leave to appeal – application dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) s 65 Federal Court Rules 2011 (Cth) r 35.13 Migration Regulations 1994 (Cth) Sch 2 cl 500.211 and cl 500.212
Cases cited: AZAEY v Minister for Immigration and Border Protection (2015) 238 FCR 341; [2015] FCAFC 193 Baig v Minister for Immigration and Border Protection [2014] FCA 855 BAO15 v Minister for Immigration and Border Protection (2016) 151 ALD 352; [2016] FCA 214 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 655 Devanesan v Minister for Immigration & Anor [2020] FCCA 2586 DZAAD v Department of Immigration and Citizenship [2013] FCA 204 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 176 SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 SZHSY v Minister for Immigration and Citizenship [2007] FCA 793 SZJRV v Minister for Immigration and Citizenship [2008] FCA 298 SZQGO v Minister for Immigration & Citizenship (2012) 125 ALD 449; [2012] FCA 177 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZSDA v Minister for Immigration & Citizenship (2012) 135 ALD 17; [2012] FCA 1319 WZAVW v Minister for Immigration [2016] FCA 760
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