BIL17 v Minister for Immigration and Border Protection [2019] FCAFC 6

FEDERAL COURT OF AUSTRALIA

BIL17 v Minister for Immigration and Border Protection [2019] FCAFC 6 Application for extension of time to appeal from: BIL17 v Minister for Immigration and Border Protection [2017] FCCA 3092

File number: NSD 728 of 2018

Judges: GRIFFITHS, GLEESON AND COLVIN JJ

Date of judgment: 31 January 2019

Catchwords: MIGRATION – application for extension of time to appeal from judgment of Federal Circuit Court of Australia dismissing application for review of Administrative Appeals Tribunal decision to deny applicants protection visas – Fijian Christian separatists – where Tribunal failed to give genuine consideration to aspect of claim, failing to engage actively and intellectually with relevant country information – application granted, appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 7, 10B Federal Court Rules 2011 rr 1.65, 36.03 Migration Act 1958 (Cth) s 36

Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; (2015) 231 FCR 513 BUD17 v Minister for Home Affairs [2018] FCAFC 140 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1