Federal Court of Australia
Federal Court of Australia
KVRK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 698 Application for extension of time: Administrative Appeals Tribunal decision delivered on 30 November 2023 by Deputy President A Younes
File number: NSD 88 of 2024
Judgment of: NICHOLAS J
Date of judgment: 26 June 2024
Catchwords: MIGRATION – whether applicant should be granted an extension of time pursuant to s 477A(2) of the Migration Act 1958 (Cth) – where Minister does not point to specific prejudice – where delay explained – where proposed grounds of review not reasonably arguable Held: application for extension of time dismissed
Legislation: Migration Act 1958 (Cth) ss 189, 196, 198, 477A, 499(1), 501(3A), 501(6)(a), 501(7), 501CA(3A) 501CA(4) Federal Court Rules 2011 (Cth) r 31.23
Cases cited: Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 276 CLR 579
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 35
Date of hearing: 26 June 2024
Counsel for the Applicant: The applicant did not appear
Counsel for the First Respondent: Ms Z Heger with Mr J Birrell
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