Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVDC v Minister for Immigration and Border Protection [2018] FCAFC 16 Appeal from: SZVDC v Minister for Immigration and Border Protection [2016] FCA 1382
File number: NSD 2147 of 2016
Judges: SIOPIS, LOGAN AND MARKOVIC JJ
Date of judgment: 14 February 2018
Catchwords: MIGRATION – Appeal from the decision of a single judge of the Federal Court of Australia – Where Federal Circuit Court of Australia (FCC) dismissed appellant's application for extension of time under s 477(2) of the Migration Act 1958 (Cth) – Where appellant sought relief under s 39B of the Judiciary Act 1903 (Cth) – Whether primary judge erred in failing to find that the FCC made a jurisdictional error by not identifying an error by the Administrative Appeals Tribunal with respect to the existence of certain information in the Department of Immigration and Border Protection's file relating to the appellant – Whether primary judge erred in the exercise of its jurisdiction, by denying the appellant procedural fairness – Whether primary judge erred by failing to hold that the FCC had erred in the exercise of its jurisdiction in dealing with the appellant's allegation that his lawyer had engaged in fraud – Appeal dismissed.
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 438, 477(2)
Cases cited: BEG15 v Minister for Immigration and Border Protection [2017] FCAFC 198 Burton v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 149 FCR 20 Craig v The State of South Australia (1995) 184 CLR 163 Davis v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 686 Minister for Immigration and Border Protection v BJN16 [2017] FCAFC 197 Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 Minister for Immigration and Citizenship v Chamnam You [2008] FCA 241 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 S58 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 85 ALD 492; [2004] FCAFC 283 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZSXT v Minister for Immigration and Border Protection (2014) 222 FCR 73 SZUWX v Minister for Immigration and Border Protection (2016) 238 FCR 456
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