Federal Court of Australia
Federal Court of Australia
Haider v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 216 Appeal from: Haider v Minister for Immigration [2020] FCCA 1113
File number: NSD 649 of 2020
Judgment of: YATES J
Date of judgment: 15 March 2023
Catchwords: MIGRATION – application for extension of time and leave to appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for re-instatement – where applicant sought to re-instate an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal found it lacked jurisdiction to review decision of a delegate of the first respondent – where application for review of the delegate's decision was made by the applicant's sponsor – where subsequent application for review of the delegate's decision was made by the applicant but out of time
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 65 Federal Court Rules 2011 (Cth) r 35.14, Sch 3 Item 15 cl 457.223 of Sch 2 to the Migration Regulations 1994 (Cth) Federal Circuit Court Rules 2001 (Cth) rr 13.03C, 16.05
Cases cited: BBW15 v Minister for Immigration and Border Protection [2016] FCA 128 Decor Corporation Pty Ltd v Dart Industries (1991) 33 FCR 397 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Le v Minister for Immigration and Border Protection [2019] FCA 427; 104 ALD 267
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