CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57

Federal Court of Australia

CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57 Review of: Application for judicial review: CZA19 v Minister for Immigration & Anor [2020] FCCA 686

File number: VID 487 of 2020

Judgment of: ALLSOP CJ, MARKOVIC AND COLVIN JJ

Date of judgment: 21 April 2021

Catchwords: MIGRATION – application for judicial review of decision of Federal Circuit Court under s 39B of the Judiciary Act 1903 (Cth) – where Federal Circuit Court refused applicant's application for extension of time to file an application for review of decision of Administrative Appeals Tribunal – where applicant filed application for review and application for extension of time four days out of time – where Registry accepted documents for filing 34 days out of time – whether Federal Circuit Court proceeded on misunderstanding of date on which application for extension of time was filed – nature of jurisdictional error – whether Federal Circuit Court failed to give proper consideration to merits of grounds of judicial review – whether Federal Circuit Court failed to give proper consideration to applicant's explanation for delay – whether Federal Circuit Court fundamentally misunderstood nature and character of applicant's application for extension of time – application allowed

Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 10(1) Federal Court of Australia Act 1976 (Cth) ss 20(1A), 20(3)(b), 24(1)(d), 24(1AA)(a) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5J, 5LA, 36(2)(a), 36(2)(aa), 36(2B)(b), 477 Federal Circuit Court Rules 2001 (Cth) r 2.05