BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49

Federal Court of Australia

BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49 Appeal from: BTI15 v Minister for Immigration and Border Protection [2020] FCA 681

File number: NSD 1043 of 2020

Judgment of: LOGAN, JAGOT AND HALLEY JJ

Date of judgment: 30 March 2022

Catchwords: MIGRATION – application for issue of writ of certiorari and mandamus to Federal Circuit Court – where Federal Circuit Court declined application to extend the time to apply for relief pursuant to s 476 of the Migration Act 1958 (Cth) – where application made 10 months and 29 days outside period prescribed in s 477(1) of the Migration Act 1958 (Cth) – where Federal Circuit Court did not adopt impermissibly restrictive understanding of what may constitute "in the interests of the administration of justice" for the purposes of s 477(2) of the Migration Act 1958 (Cth) – where primary judge found no jurisdictional error in decision of the Federal Circuit Court – appeal dismissed

Legislation: Constitution s 75 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 477

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 BTI15 v Minister for Immigration & Anor [2016] FCCA 2326 BTI15 v Minister for Immigration and Border Protection [2020] FCA 681 BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355 Craig v The State of South Australia (1995) 184 CLR 163 Gallo v Dawson (1990) 93 ALR 479 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1 Re Commonwealth of Australia & Anor; Ex parte Marks (2000) 177 ALR 491 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55 Vella v Minister for Immigration & Border Protection [2015] HCA 42; (2015) 326 ALR 391