Federal Court of Australia
Federal Court of Australia
Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1263 Appeal from: Kumar v Minister for Immigration & Anor (No.2) [2020] FCCA 2516
File number: QUD 309 of 2020
Judgment of: THOMAS J
Date of judgment: 20 October 2023
Catchwords: CONSTITUTIONAL LAW – whether matter an appeal of a decision made pursuant to s 477 of the Migration Act 1958 (Cth) (Migration Act) or brought in the original jurisdiction of the Court seeking constitutional writs pursuant to s 39B of the Judiciary Act 1903 (Cth) – where an appeal cannot be brought due to s 476A of the Migration Act – applicant seeking constitutional writs – whether there is any jurisdictional error MIGRATION – application for extension of time to appeal – extensive delay in bringing the application – where the applicant received unfavourable legal advice – where the applicant would have good merits if the matter were remitted to the Migration Review Tribunal – whether the primary judge erred by not accepting the explanation for the delay – whether primary judge failed to weight the lack of prejudice in favour of granting the extension of time – whether primary judge failed to weigh the prospects of success – application dismissed – no jurisdictional error apparent
Legislation: Judiciary Act 1903 (Cth) Migration Act 1958 (Cth)
Cases cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; [2022] FCAFC 3 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Kumar v Minister for Immigration & Anor [2020] FCCA 2516 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZUWX v Minister for Immigration and Border Protection (2016) 236 FCR 456; [2016] FCAFC 77 Tang v Minster for Immigration and Citizenship (2013) FCR 55; [2013] FCAFC 139 Tran v Minister for Immigration and Border Protection [2014] FCA 533 Waensila v Minister for Immigration and Border Protection (2016) 241 FCR 121; [2016] FCAFC 32
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