Federal Court of Australia
FEDERAL COURT OF AUSTRALIA SZQYP v Hannigan [2012] FCA 723 Citation: SZQYP v Hannigan [2012] FCA 723
Parties: SZQYP, SZQYQ, SZQYR, SZQYS and SZQYT v PATRICIA HANNIGAN, DEPUTY DISTRICT REGISTRAR and MINISTER FOR IMMIGRATION AND CITIZENSHIP
File number: NSD 946 of 2012
Judge: KATZMANN J
Date of judgment: 6 July 2012
Catchwords: JUDICIAL REVIEW –– Review of decision by registrar to refuse to accept documents for filing under r 2.26 of the Federal Court Rules 2011 – applicants sought to file application for leave to appeal from judgment of Federal Magistrates Court refusing to order an extension of time to apply for judicial review of decision of Refugee Review Tribunal – registrar stated that proceeding is doomed to fail as Court did not have jurisdiction to hear the appeal under s 477(2) of the Migration Act 1958 (Cth) – whether decision of registrar affected by error of law – discretion to refuse relief
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(1)(f), 5(2)(b) Federal Court of Australia Act 1976 (Cth), s 24, 37M Federal Court Rules 2011 (Cth), rr 2.26 Migration Act 1958 (Cth), ss 474, 476A(3)(a), 477
Cases cited: Craig v South Australia (1995) 184 CLR 163 Kamha v Prudential Regulation Authority (2005) 147 FCR 516 Kirk v Industrial Relations Commission of New South Wales & Anor (2010) 239 CLR 531 Minister for Immigration and Citizenship v SZKKC (2007) 159 FCR 565 Plaintiff S157 v The Commonwealth of Australia (2003) 211 CLR 476 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Rahman v Hedge [2012] FCA 68 SZQDZ v Minister for Immigration and Citizenship (2012) 200 FCR 207 SZQPN v Minister for Immigration and Citizenship [2012] FCA 424 SZQYP & Ors v Minister for Immigration and Citizenship & Anor [2012] FMCA 569 United Telecasters Sydney Ltd v Hardy (1991) 23 NSWLR 323
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