Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AJB15 v Minister for Immigration and Border Protection [2016] FCA 1102 Review of: AJB15 v Minister for Immigration & Anor [2016] FCCA 1005
File number: NSD 767 of 2016
Judge: COLLIER J
Date of judgment: 9 September 2016
Catchwords: MIGRATION – application for relief under s 39B Judiciary Act 1903 (Cth) – primary judge dismissed application for extension of time required pursuant to s 477(2) Migration Act 1958 (Cth) – whether primary Judge erred by misinterpreting, misunderstanding or misapplying applicable law – whether primary Judge failed to ask correct questions in relation to prospects of success of proposed appeal – applicant claimed to fear persecution if returned to Egypt due to homosexuality – whether Tribunal should have considered applicant's claim of harm in Egypt as a result of being a failed asylum seeker on the basis of a rejected claim of homosexuality – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476, 477, 477(1), 477(2)
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110
Date of hearing: 10 August 2016
Registry: New South Wales
Division: General Division
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