Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gill v Federal Circuit Court of Australia [2015] FCA 269 Citation: Gill v Federal Circuit Court of Australia [2015] FCA 269
Parties: JASMEET SINGH GILL v FEDERAL CIRCUIT COURT OF AUSTRALIA, DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: NSD 938 of 2014
Judge: BARKER J
Date of judgment: 10 March 2015
Catchwords: MIGRATION – application for student (class TU) visa – requirement to lodge current visa application within 28 days of the day when last visa ceased to be in effect – refusal to grant extension of time to make application to Federal Circuit Court under s 477 Migration Act 1958 (Cth) – application for relief under s 39B Judiciary Act 1903 (Cth) – whether Court has jurisdiction to review decision of Minister not to exercise power under s 351 Migration Act 1958 (Cth) – Minister not obliged to afford procedural fairness in deciding whether or not to exercise power – no duty of Minister to consider whether to exercise power – no utility in granting relief to set aside Minister's decision not to exercise power
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 5, s 349, s 351, s 351(1), s 351(7), s 368C, s 368D, s 379C, s 417, s 474(2), s 476A, s 477, s 477(1), s 477(2) Migration Legislation Amendment Act (No 1) 2008 (Cth) Federal Circuit Court Rules 2009 (Cth) R 44.12 Migration Regulations 1994 (Cth) Sch 2 cl 572.211, cl 572.211(2), cl 572.211(3)(c), cl 572.211(3)(c)(ii)(B), cl 572.211(4), cl 572.211(6)
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