Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 Appeal from: MZABP v Minister for Immigration and Border Protection [2015] FCA 1391
File number: VID 947 of 2015
Judges: TRACEY, PERRY AND CHARLESWORTH JJ
Date of judgment: 24 August 2016
Catchwords: MIGRATION – application for extension of time under s 477(2) of the Migration Act 1958 (Cth) – whether primary judge ruled in the exercise of discretion not to permit new ground of application to be raised – whether error in the exercise of discretion established - whether Federal Circuit Court erred in misconstruing power to extend time – principles as to the proper disposition of an application for an extension of time within which to seek judicial review - leave to amend notice of appeal granted – appeal dismissed.
Legislation: Administrative Decisions (Judicial Review) Act 1976 (Cth) s 11 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Migration Act 1958 (Cth) ss 476A(3)(a), 477(2) Judiciary Act 1903 (Cth) s 39B
Cases cited: House v The King (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55
Date of hearing: 12 August 2016
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