Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ASU22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 927 Appeal from: ASU22 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 654
File number(s): NSD 862 of 2022
Judgment of: HALLEY J
Date of judgment: 9 August 2023
Catchwords: MIGRATION – application for extension of time to appeal the decision of the Federal Circuit and Family Court of Australia (Division 2) – whether applicant provided an adequate explanation for their delay - whether proposed grounds of appeal have reasonable prospects of success – where applicant had adequate explanation for delay, but no reasonable prospects of success - application for extension of time dismissed with costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) s 501 Federal Court Rules 2011 (Cth) rr 36.03, 36.05
Cases cited: Bienstein v Bienstein (2003) 195 ALR 225; [2003] HCA 7 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 CUO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 53 DBD16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 362 Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 844 Haider v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 216 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Kalanje v Minister for Immigration and Multicultural Affairs [2006] FCA 1618 Manna v Minister for Immigration and Citizenship [2013] FCA 400 Regina v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087 Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 373 SZJRV v Minister for Immigration and Citizenship [2008] FCA 298 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 Tran v Minister for Immigration and Border Protection [2014] FCA 533 Tukala v Minister for Immigration, Citizenship, and Multicultural Affairs [2023] FCA 74 VXQB v Child Support Registrar [2021] FCA 48
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