BYN18 v Minister for Home Affairs [2020] FCAFC 80

FEDERAL COURT OF AUSTRALIA

BYN18 v Minister for Home Affairs [2020] FCAFC 80 Appeal from: BYN18 v Minister for Home Affairs [2019] FCA 1033

File number: NSD 1161 of 2019

Judges: NICHOLAS, MARKOVIC AND LEE JJ

Date of judgment: 14 May 2020

Catchwords: MIGRATION – appeal against primary Judge's judgment refusing relief under s 39B of the Judiciary Act 1903 (Cth) with respect to Federal Circuit Court of Australia ("FCC") finding that it lacked jurisdiction to review validity of notice issued under s 501CA(3) of the Migration Act 1958 (Cth) ("the Act") – whether primary Judge erred in refusing relief – whether the FCC has jurisdiction under s 476 of the Act – whether determination under s 501CA(3) constituted a "migration decision" – consideration of other matters relied upon by the FCC when holding that the appellant's application for an extension of time should be rejected – whether consideration of those matters was a proper exercise of the FCC's jurisdiction

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 5, 474, 476, 477, 501(6)(a), 501(3A), 501CA(3)

Cases cited: Aciek v Minister for Immigration [2017] FCCA 3237 BYN18 v Minister for Home Affairs [2018] FCCA 3838 Canham v Australian Guarantee Corporation Ltd (1993) 31 NSWLR 246 Chung v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 442 EFX17 v Minister for Immigration and Border Protection [2019] FCAFC 230 Farnell Electronic Components Pty Ltd v Collector of Customs (1996) 72 FCR 125 Kumar v Minister for Immigration and Citizenship (2009) 176 FCR 401 Megase v Minister for Immigration [2018] FCCA 3682 McCulloch v Minister for Home Affairs [2019] FCA 54 MZXMI v Minister for Immigration and Citizenship [2007] FCA 1162 Wade v Burns (1966) 115 CLR 557