Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQP15 v Minister for Immigration and Border Protection [2016] FCA 943 Appeal from: AQP15 v Minister for Immigration and Anor [2016] FCCA 599
File number: NSD 509 of 2016
Judge: LOGAN J
Date of judgment: 9 August 2016
Catchwords: MIGRATION – Refugee Review Tribunal – application for extension of time to appeal against dismissal of judicial review application by Federal Circuit Court – application for Protection (Class XA) visa – Migration Act 1958 (Cth) – whether Tribunal failed to afford the applicant the opportunity to make focussed submissions on the issue of a family member providing surety for bail – whether Tribunal had sufficient regard to policy guidelines and international jurisprudence in accordance with s 499 Migration Act 1958 (Cth) and Ministerial Direction No. 56 – application for extension of time granted, limited to challenge to failure to afford opportunity – Migration Act 1958 (Cth) ss 36(2A), 499. PRACTICE AND PROCEDURE – application for extension of time – applicant attempted to file in time – applicant required to produce further evidence to support fee waiver – application filed four days out of time – explanation for delay sufficient – application for extension of time granted.
Legislation: Migration Act 1958 (Cth) ss 36(2A), 499
Cases cited: Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 SZTAP v Minister for Immigration and Border Protection [2015] FCAFC 175
Date of hearing: 9 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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