BLR23 v Federal Circuit and Family Court of Australia [2024] FCAFC 2

Federal Court of Australia

BLR23 v Federal Circuit and Family Court of Australia [2024] FCAFC 2 Appeal from: Federal Court of Australia

Judgment of: MURPHY, O'SULLIVAN AND MCELWAINE JJ

Date of judgment: 29 January 2024

Catchwords: MIGRATION – appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for judicial review of a decision of the Federal Circuit Court of Australia – where the appellant applied to the Federal Circuit Court for an extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth) to bring an application for judicial review of a decision by a delegate of the Minister to cancel his visa – whether primary judge committed jurisdictional error by misapprehending the nature of the task required by s 477(2) and conducting a review of the merits of the proposed grounds – no jurisdictional error established – appeal dismissed

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

Cases cited: Ametllari v Minister for Immigration and Border Protection [2015] FCCA 603 Craig v South Australia (1995) 184 CLR 163 CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57; 285 FCR 447 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95; 264 FCR 454 FKV17 v Minister for Home Affairs [2022] FCAFC 93; 292 FCR 201 House v The King (1936) 55 CLR 499 Hu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 63 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 Singh v Minister for Immigration [2006] FMCA 1163 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 96 ALJR 819