Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BMY18 v Minister for Home Affairs [2019] FCAFC 189 Appeal from: BMY18 v Minister for Home Affairs [2019] FCCA 1381 Application for extension of time: BOQ15 v Minister for Immigration and Border Protection [2019] FCCA 1477
File numbers: NSD 946 of 2019 NSD 1025 of 2019
Judges: REEVES, PERRAM AND CHARLESWORTH JJ
Date of judgment: 31 October 2019
Catchwords: MIGRATION – two appeals from Federal Circuit Court – whether Court erred in dismissing applications for judicial review of decisions of Administrative Appeals Tribunal – where Tribunal found it had no jurisdiction to review applications made out of time – where letters notifying of refusal of visa by Minister sent either by prepaid post or email – whether refusal notifications 'stated' time in which applications for review may be made – consideration of principle in DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64
Legislation: Migration Act 1958 (Cth) ss 65, 66, 347, 412, 494B, 494C Migration Regulations 1994 (Cth) reg 4.31
Cases cited: ABD19 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCCA 2555 Ali v Minister for Home Affairs [2019] FCA 1102 APN19 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCCA 2342 Arshad v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCCA 2075 BMG19 v Minister for Home Affairs [2019] FCCA 2627 BUY18 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCCA 1787 CZI18 v Minister for Home Affairs [2019] FCCA 2080 DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64 ELM18 v Minister for Home Affairs [2019] FCCA 2108 FJR18 v Minister for Home Affairs [2019] FCCA 2274 FWQ18 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCCA 2308 GLV18 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCCA 2525 Singh v Minister for Home Affairs [2019] FCCA 2153 Singh v Minister for Immigration and Border Protection [2019] FCCA 2106 Zhan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 327; 128 FCR 569
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