Federal Court of Australia
Federal Court of Australia
Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 74 Appeal from: Application for extension of time: Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 525
File number: NSD 589 of 2022
Judgment of: KATZMANN J
Date of judgment: 9 February 2023
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to appeal – where primary judge found no error in decision of Administrative Appeals Tribunal to affirm decision of Minister's delegate to refuse to grant a visa to applicants' son for want of jurisdiction – application filed six days after expiry of time for filing notice of appeal under r 36.03 of the Federal Court Rules 2011 (Cth) –where delay short and acceptable explanation provided, whether any merit in proposed appeal
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 24Z, 29(7), 30(1A) Federal Court of Australia Act 1976 (Cth) ss 5, 37M Migration Act 1958 (Cth) ss 5, 65, 338(5), 347(2), 368, 474, 486B, 486F, 496 Federal Court Rules 2011 (Cth) rr 1.39, 36.03 Migration Regulations 1994 (Cth) reg 4.10(1)(c), Sch 2 cll 445.111, 445.211, 445.411
Cases cited: Beni v Minister for Immigration and Border Protection (2018) 267 FCR 15 Benissa v Minister for Immigration and Border Protection [2016] FCA 76; 150 ALD 276 BJM15 v Minister for Immigration and Border Protection [2021] FCA 786 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 Jackamarra v Krakouer (1998) 195 CLR 516 Kalanje v Minister for Immigration and Multicultural Affairs [2006] FCA 1618 Khan v Minister for Immigration and Citizenship Act [2009] FCA 443 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737, 403 ALR 398 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex Parte Lam (2003) 214 CLR 1 Re Refugee Review Tribunal and Another; Ex parte H (2001) 179 ALR 425; 75 ALJR 982; 116 LGERA 402; 9 Leg Rep 20 SZUTZ v Minister for Immigration and Border Protection [2015] FCA 186 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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