CNC15 v Federal Circuit Court of Australia [2018] FCAFC 204

FEDERAL COURT OF AUSTRALIA

CNC15 v Federal Circuit Court of Australia [2018] FCAFC 204 Appeal from: CNC15 v Federal Circuit Court of Australia [2017] FCA 1540

File number: SAD 19 of 2018

Judges: WHITE, PERRY AND STEWARD JJ

Date of judgment: 22 November 2018

Catchwords: MIGRATION – appeal from Federal Court decision dismissing application for judicial review of Federal Circuit Court (FCC) decision – where FCC refused to extend time under subs 477(2), Migration Act 1958 (Cth), within which to seek judicial review of Tribunal decision affirming decision not to grant the appellant a protection visa – where FCC held that the proposed application lacked reasonable prospects of success – where appellant alleged Tribunal failed to consider an integer of his claims as to the impact of the imminent withdrawal of international security forces from Afghanistan – consideration of the scope of judicial review of a decision by FCC – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 91R, 477 Judiciary Act 1903 (Cth) s 39B(1)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BTK16 v Minister for Immigration and Border Protection [2018] FCA 1514 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55