Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHFC v Minister for Immigration and Citizenship [2013] FCA 1049 Citation: BHFC v Minister for Immigration and Citizenship [2013] FCA 1049
Parties: BHFC v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: SAD 96 of 2013
Judge: BESANKO J
Date of judgment: 16 October 2013
Catchwords: PRACTICE AND PROCEDURE – Application for extension of time – where applicant filed application for judicial review of a decision of the Administrative Appeals Tribunal out of time – where Tribunal upheld the decision of the Minister for Immigration and Citizenship to refuse to grant the applicant a Transitional (Permanent) (Class BF) visa pursuant to s 501 of the Migration Act 1958 (Cth) – where applicant did not pass the character test – consideration of the merits of the appeal – whether there was jurisdictional error on the part of the Tribunal. HELD: The time within which the applicant may file and serve the application for judicial review be extended up to and including 7 May 2013. The application for judicial review be dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 35, 44 Migration Act 1958 (Cth) ss 4, 5, 5E, 476A, 477A, 483, 499, 500, 501
Cases cited: MZYYO v Minister for Immigration and Citizenship [2013] FCA 49 Shi v Migration Agents Registration Authority (2008) 235 CLR 286
Dates of hearing: 9 August 2013 and 2 October 2013
Place: Adelaide
Division: GENERAL DIVISION
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