AYF16 v Minister for Immigration and Border Protection [2018] FCAFC 129

FEDERAL COURT OF AUSTRALIA

AYF16 v Minister for Immigration and Border Protection [2018] FCAFC 129 Appeal from: Application for extension of time: AYF16 v Minister for Immigration and Anor [2017] FCCA 1487

File number: NSD 1208 of 2017

Judges: MCKERRACHER, MURPHY AND DAVIES JJ

Date of judgment: 14 August 2018

Catchwords: MIGRATION – application for extension of time within which to appeal – application for adjournment pending delivery of judgments by the High Court of Australia – where the Minister opposed the application for extension of time on the basis the proposed ground of appeal lacked merit – where the proposed ground ventilated issues as to the statutory and procedural fairness entitlements of an applicant whose visa application is the subject of a s 473GB certificate/notification – whether the Full Court in BBS16 was "plainly wrong" – Court not persuaded to depart from the position of BBS16 – Court not persuaded of sufficient overlap to warrant an adjournment Held: application for extension of time rejected – application for adjournment rejected

Legislation: Migration Act 1958 (Cth) ss 357A, 357A(1), 422B, 424A, 430, 438, 473CB, 473DA, 473DA(1), 473DB(1), 473DC(1), 473DC(3), 473DE, 473DE(3)(b), 473EA, 473GB, 473GB(2), 473GB(3), Ptt 5, 7, 7AA

Cases cited: BEG15 v Minister for Immigration and Border Protection (2017) 253 FCR 36 Jackamarra v Krakouer (1998) 195 CLR 516 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 SZMTA v Minister for Immigration and Border Protection [2017] FCA 1055 Wozniak v Minister for Immigration and Border Protection [2017] FCAFC 148