Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Remely v Minister for Immigration and Border Protection [2014] FCA 619 Citation: Remely v Minister for Immigration and Border Protection [2014] FCA 619
Appeal from: Application for extension of time for leave to appeal: Remely v Minister for Immigration & Anor [2014] FCCA 428 Remely v Minister for Immigration & Anor [2014] FCCA 428
Parties: OTTO REMELY and ARUN NEPAL v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: QUD 124 of 2014
Judge: LOGAN J
Date of judgment: 23 May 2014
Catchwords: MIGRATION – application for extension of time and related leave to appeal – appeal of decision of Federal Circuit Court – whether first appellant had standing – whether second appellant's application for joinder dealt with by Federal Circuit Court – whether second appellant denied procedural fairness Held: granting of extension of time and related leave to appeal and hearing and determining appeal instanter – second appellant's joinder application never dealt with by Federal Circuit Court with related denial of procedural fairness in dismissal of judicial review application – joinder ordered – proceedings remitted to Federal Circuit Court for substantive hearing
Legislation: Migration Act 1958 (Cth) ss 477, 479, 486C Powers of Attorney Act 1998 (Cth) s 8
Cases cited: Basbas v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1602 cited Dobson v Australian Postal Corporation [2013] FCA 320 cited Ejueyitsi v Bond University [2012] FCA 1514 cited Huang v Abayawickrama [2012] FCA 1504 cited Ionannou v Commonwealth of Australia [2012] FCA 1228 cited Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 considered O'Donoghue v Australian Information Commissioner [2012] FCA 1219 cited Singh v Owners Strata Plan No 11723 (No. 4) [2012] FCA 1180 cited SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 cited Tinkler v Elliott (2012) All ER 94; (2012) EWCA Civ 1289 considered Yong v Minister for Immigration & Multicultural Affairs (1997) 75 FCR 155 cited
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