Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVLE v Minister for Immigration and Border Protection [2017] FCA 90 Review of: SZVLE & Ors v Minister for Immigration & Anor [2016] FCCA 2509
File number: NSD 1861 of 2016
Judge: KATZMANN J
Date of judgment: 14 February 2017
Catchwords: ADMINISTRATIVE LAW — application for relief under s 39B of the Judiciary Act 1903 (Cth) — where primary decision maker an inferior court — whether grounds of application raise any jurisdictional errors in judgment of primary judge refusing to extend time to bring proceedings challenging decision of Refugee Review Tribunal MIGRATION — protection visas — application for judicial review of judgment refusing extension of time under s 477 of the Migration Act 1958 (Cth) to challenge Tribunal decision — whether primary judge failed to properly consider relevant law — whether primary judge erred by failing to grant adjournment to enable applicants to obtain legal representation — no application for adjournment
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5, 36, 65, 474, 476A(3)(a), 477(2)
Cases cited: Attorney-General v Quin (1990) 170 CLR 1 Bodenstein v Minister for Immigration and Citizenship [2009] FCA 50 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 Craig v South Australia (1995) 184 CLR 163 Dietrich v R (1992) 177 CLR 292 Foster v Australian Competition and Consumer Commission [2012] FCA 953 Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391 NAKD v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 321 New South Wales v Canellis (1994) 181 CLR 309 Nguyen v Minister for Immigration and Multicultural Affairs (2000) 101 FCR 20 Orellana-Fuentes v Standard Knitting Mills Pty Ltd (2003) 57 NSWLR 282 Plaintiff S157 v Commonwealth of Australia (2003) 211 CLR 476 Rivera v United States of America [2004] FCAFC 154 Selvadurai v Minister for Immigration and Ethnic Affairs [1994] FCA 1105 SZQUH v Minister for Immigration and Citizenship [2012] FCA 1265 SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22
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