Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTQM v Minister for Immigration and Border Protection [2015] FCA 952 Citation: SZTQM v Minister for Immigration and Border Protection [2015] FCA 952
Appeal from: Application for an extension of time: SZTQM v Minister for Immigration & Border Protection & Anor [2015] FCCA 996
Parties: SZTQM v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 553 of 2015
Judge: PERRY J
Date of judgment: 27 August 2015
Catchwords: MIGRATION - where Federal Circuit Court gave ex tempore judgment dismissing application for judicial review of Refugee Review Tribunal decision – where written settled reasons published after time within which to appeal as of right to the Federal Court expired – where applicant misunderstood effect of ex tempore order that no orders would be entered until settled written reasons – where no breach of procedural fairness in the circumstances by reason of delay in publishing written reasons – where no requirement for Tribunal to consider claims in the alternative on assumption findings wrong – where application for extension of time dismissed
Legislation: Federal Circuit Court Rules 2001 (Cth) r 16.01 Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) r 36.03 Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)
Cases cited: AZAEK v Minister for Immigration and Border Protection [2014] FCA 1415 Kumar v Bathini [2015] FCA 632 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Parks Holdings Pty Ltd v Chief Executive Officer of Customs [2004] FCA 820; (2004) 81 ALD 365 Smith v New South Wales Bar Association (1992) 176 CLR 256 SZQBT v Minister for Immigration and Citizenship [2011] FCA 1281 SZQHK v Minister for Immigration and Citizenship [2012] FCA 178; (2012) 125 ALD 458 SZSYM v Minister for Immigration and Border Protection [2014] FCA 174 SZTGL v Minister for Immigration and Border Protection [2015] FCA 214
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