Federal Court of Australia
Federal Court of Australia
DVH17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1390 Appeal from: DVH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Services [2022] FedCFamC2G 371
File number: VID 247 of 2022
Judgment of: DERRINGTON J
Date of judgment: 14 November 2023
Catchwords: MIGRATION – application for extension of time in which to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal affirming decision of delegate to refuse to grant Protection (Subclass 866) visa – where delay of one day only – where no explanation for delay – where proposed ground of appeal lacks merit – where proposed ground of appeal appears to raise argument not advanced before primary judge – where proposed ground of appeal is not meaningfully particularised – application dismissed
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: AHI15 v Minister for Immigration and Border Protection [2016] FCA 64 AQP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 463 BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 Dunlop v Fishburn (No 3) [2012] FCA 315 DWK17 v Minister for Home Affairs [2019] FCA 66 DZAAD v Minister for Immigration and Citizenship [2013] FCA 204 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 129 Francuziak v Minister for Justice (2015) 238 FCR 332 Han v Minister for Home Affairs [2019] FCA 331 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Parker v R [2002] FCAFC 133 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 96 ALJR 819 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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