Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 853

Federal Court of Australia

Appeal from:	Application for extension of time: J & K Bown Pty Ltd (Trustee) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 262

File number(s):	QUD 112 of 2022

Judgment of:	DOWNES J

Date of judgment:	22 July 2022

Catchwords:	MIGRATION – application for extension of time to file notice of appeal pursuant to r 36.05 Federal Court Rules 2011 (Cth) – success of application depended on success of application in related proceedings, which application was dismissed – application dismissed

Legislation:	Federal Court Rules 2011 (Cth) r 36.05

Cases cited:	J & K Bown Pty Ltd (Trustee) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 262 J & K Bown Pty Ltd as trustee for the Bown Family Trust v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 854

Division:	General Division

Registry:	Queensland

National Practice Area:	Administrative and Constitutional Law and Human Rights

Number of paragraphs:	7

Date of hearing:	14 July 2022

Counsel for the Applicant:	Mr J Merchant

Solicitor for the Applicant:	Pennisi Zia Lawyers

Solicitor for the First Respondent:	Ms E Tattersall of Sparke Helmore Lawyers

Counsel for the Second Respondent:	The Second Respondent did not appear

ORDERS

		QUD 112 of 2022

BETWEEN:	GURDEEP SINGH Applicant
AND:	MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by:	DOWNES J
DATE OF ORDER:	22 JULY 2022

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to “Minister for Immigration, Citizenship and Multicultural Affairs”.

2. The application for extension of time to file a notice of appeal is dismissed.

3. The applicant pay the first respondent’s costs fixed in the sum of $4,000.00.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

DOWNES J:

1 This is an application for an extension of time to file a notice of appeal which is brought pursuant to r 36.05 of the Federal Court Rules 2011 (Cth).

2 By his proposed appeal, the applicant (Mr Singh) seeks to set aside orders of the Federal Circuit and Family Court of Australia (Division 2) in J & K Bown Pty Ltd (Trustee) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 262.

3 The hearing before this Court was conducted concurrently with the matter in QUD 107 of 2022 whereby the nominator entity, J & K Bown Pty Ltd ATF the Bown Family Trust (Company), also sought an extension of time.

4 Counsel for Mr Singh conceded that if the Company’s application for an extension of time failed, then his application would also fail.

5 In J & K Bown Pty Ltd as trustee for the Bown Family Trust v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 854, this Court dismissed the Company’s application for an extension of time.

6 It follows that Mr Singh’s application for extension of time should also be dismissed.

7 No submissions were made by Mr Singh against the orders sought by the first respondent relating to the change of its name and the proposed costs order. In this regard, the amount referred to in paragraph 31 of the first respondent’s submissions is adopted as being the appropriate amount to be fixed by way of costs – namely $4,000.00.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Downes.

Associate:

Dated: 22 July 2022

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