Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tusitala v Assistant Minister for Immigration and Border Protection [2015] FCA 1188 Citation: Tusitala v Assistant Minister for Immigration and Border Protection [2015] FCA 1188
Parties: ANDRE ANDREW TUSITALA v ASSISTANT MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: NSD 1224 of 2015
Judge: PERRY J
Date of judgment: 4 November 2015
Catchwords: MIGRATION – where Federal Court has no jurisdiction to hear an application for judicial review of a decision made personally by the Assistant Minister under s 501CA(4) of the Migration Act 1958 (Cth) – whether appropriate course to transfer proceedings to Federal Circuit Court or summarily dismiss proceedings – where applicant initially sought to file application correctly in the Federal Circuit Court – where Federal Circuit Court may be able to accept application for filing on date initially sought to be filed – where, in the alternative, Minister would consent to extension of time to file in the Federal Circuit Court
Legislation: Acts Interpretation Act 1901 (Cth), ss 19, 19A Constitution, s 75(v) Federal Circuit Court of Australia Act 1999 (Cth), s 39 Migration Act 1958 (Cth), ss 476, 476A, 501(3A), 501CA(4)
Cases cited: Asaad v Minister for Immigration and Citizenship [2008] FCA 1039 Rashidzadeh v Minister for Immigration and Citizenship [2008] FCA 1168
Date of hearing: 4 November 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
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