FBS18 v Minister for Home Affairs [2019] FCAFC 196

FEDERAL COURT OF AUSTRALIA

FBS18 v Minister for Home Affairs [2019] FCAFC 196 Appeal from: FBS18 v Minister for Immigration & Anor [2019] FCCA 1655

File number: NSD 1051 of 2019

Judges: FLICK, ROBERTSON AND LEE JJ

Date of judgment: 8 November 2019

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time and for leave to appeal from a judgment given in the Federal Circuit Court of Australia – where application for judicial review of decision of Immigration Assessment Authority application dismissed by reason of non-appearance of the applicant – where primary judge refused application to reinstate applicant's application for judicial review – whether sufficient doubt as to the judgment of the primary judge to warrant its reconsideration on appeal as to whether the primary judge failed to consider one or more relevant considerations or whether the primary judge failed to balance the relevant considerations

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 24(1A) Federal Circuit Court Rules 2001 (Cth), rr 13.03C(1)(c), 16.05(2)(a)

Cases cited: AHN17 v Minister for Immigration and Border Protection [2018] FCA 1598 Barbey & Tuttle [2013] FamCAFC 44 BVG17 v BVH17 [2019] FCAFC 17 Clifford & Mountford [2006] FMCAfam 450; 219 FLR 437 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCAFC 844; 33 FCR 397 FBS18 v Minister for Home Affairs [2019] FCCA 1315 FBS18 v Minister for Home Affairs (No 2) [2019] FCCA 1655 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 357 ALR 408 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Aronson M, Groves M and Weeks G, Judicial Review of Administrative Action and Government Liability (6th ed, Lawbook, 2017) at [3.30]