SZVDC v Minister for Immigration and Border Protection [2016] FCA 1382

FEDERAL COURT OF AUSTRALIA

SZVDC v Minister for Immigration and Border Protection [2016] FCA 1382 Appeal from: SZVDC v Minister for Immigration & Anor [2015] FCCA 2304

File number: NSD 963 of 2016

Judge: BROMWICH J

Date of judgment: 22 November 2016

Catchwords: MIGRATION – application for review under section 39B of the Judiciary Act 1903 (Cth) – where primary judge refused an extension of time application under s 477(2) of the Migration Act 1958 (Cth) – where extension of time necessary as application was lodged 211 days outside statutory deadline – no jurisdictional error on part of primary judge established – application dismissed with costs

Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 314(2), 438(1)(b), 476A, 477(1), 477(2) Migration Agents Regulations 1998 (Cth), reg 8, Sch 2

Cases cited: Ahmed v Minister for Immigration and Border Protection [2016] FCA 751 AZAFJ v Minister for Immigration and Border Protection [2016] FCA 291 Briginshaw v Briginshaw (1938) 60 CLR 336 Minister for Immigration and Citizenship v SZLIX [2008] FCAFC 17; (2008) 245 ALR 501 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081 Plaintiff S32/2016 v Minister for Immigration and Border Protection [2016] HCATrans 120 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; (2007) 232 CLR 189 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55 Wei v Minister for Immigration and Border Protection [2015] HCA 51; (2015) 148 ALD 226