Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110 Appeal from: CQW17 v Minister for Immigration & Another [2017] FCCA 2378
File number(s): NSD 1848 of 2017
Judge(s): MCKERRACHER, MURPHY AND DAVIES JJ
Date of judgment: 13 July 2018
Catchwords: MIGRATION – fast track reviewable decision by the Immigration Assessment Authority (Authority) under Pt 7AA of the Migration Act 1958 (Cth) – appeal from judicial review of Authority decision by the Federal Circuit Court – extension of time in which to file notice of contention – whether Authority entitled to consider "new information" under s 473DD – whether Authority erred in construction of s 473DD – where Minister's appeal ground made out but decision upheld on grounds contained in notice of contention – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: AGA16 v Minister for Immigration and Border Protection [2018] FCA 628 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 BVZ16 v Minister for Immigration & Anor [2017] FCA 958 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 CQW17 v Minister for Immigration & Another [2017] FCCA 2378 Craig v South Australia [1995] HCA 58; (1995) 185 CLR 163 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088 DYS16 v Minister for Immigration and Border Protection [2018] FCAFC 33 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 SZUTM v Minister for Immigration and Border Protection (2016) 241 FCR 214 Tickner v Chapman [1995] FCA 1726; (1995) 57 FCR 451 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117
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