Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZABO v Minister for Immigration and Border Protection [2016] FCA 980 Appeal from: Application for an Extension of Time: MZABO v Minister for Immigration & Anor [2015] FCCA 695
File number: VID 368 of 2016
Judge: JESSUP J
Date of judgment: 10 August 2016
Catchwords: MIGRATION – Application for extension of time – Whether satisfactory explanation for delay where s 417 application to Minister – Application for leave to pursue new grounds and adduce fresh evidence – Whether procedural fairness denied by failure to give applicant opportunity to be heard on alleged determinative issue of army's future presence – Application denied
Legislation: Migration Act 1958 (Cth) ss 417, 425 Federal Court Rules 2011 (Cth) rr 1.39, 36.03
Cases cited: Applicant A2 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 576 BZAGX v Minister for Immigration and Border Protection [2016] FCA 86 Batuwantudawa, in the matter of an application for Writs of Certiorari & Prohibition against Ruddock [2003] FCA 684 MZYLJ v Minister for Immigration and Citizenship [2012] FCA 335 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
Date of hearing: 10 August 2016
Registry: Victoria
Division: General Division
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