Ara v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1483

Federal Court of Australia

Ara v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1483 Appeal from: Ara & Ors v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1948

File number(s): NSD 337 of 2021

Judgment of: DOWNES J

Date of judgment: 29 November 2023

Catchwords: MIGRATION – application for extension of time to appeal decision of (then) Federal Circuit Court of Australia dismissing application for judicial review – where no explanation provided for extensive delay – where no draft notice of appeal was filed and served – application dismissed

Legislation: Federal Court Rules 2011 (Cth) rr 36.01, 36.03, 36.05

Cases cited: Ara & Ors v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1948

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 14

Date of hearing: 10 November 2023

Counsel for the Applicants: The Applicants appeared in person

Solicitor for the Respondent: Mr A Moss of Clayton Utz

ORDERS NSD 337 of 2021

BETWEEN: ROWSHAN ARA First Applicant

MOHAMMED MIZANUR RAHMAN Second Applicant

RAZIA SULTANA Third Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS Respondent

order made by: DOWNES J DATE OF ORDER: 29 NOVEMBER 2023

THE COURT ORDERS THAT:

1. The application for an extension of time is dismissed. 2. The applicants pay the respondent's costs, fixed in the amount of $6,500. 3. The name of the respondent be amended to read "Minister for Immigration, Citizenship and Multicultural Affairs". Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.