ALE16 v Minister for Immigration and Border Protection [2017] FCA 115

FEDERAL COURT OF AUSTRALIA

ALE16 v Minister for Immigration and Border Protection [2017] FCA 115 Appeal from: Application for extension of time and leave to appeal: ALE16 v Minister for Immigration and Border Protection [2016] FCCA 2103

File number(s): NSD 1452 of 2016

Judge(s): GRIFFITHS J

Date of judgment: 17 February 2017

Catchwords: MIGRATION – application for an extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia (FCCA) – whether FCCA erred in dismissing application for judicial review of a decision of the Administrative Appeals Tribunal (AAT) – whether applicant was given a reasonable opportunity to present his case before the AAT. Held: application dismissed with costs.

Legislation: Migration Act 1958 (Cth) ss 36(2), 424A, 422AA, 422B Federal Circuit Court Rules 2001 r 44.12 Federal Court Rules 2011 r 35.14

Cases cited: AOT15 v Minister for Immigration and Border Protection [2016] FCA 1085 BBW15 v Minister for Immigration and Border Protection [2016] FCA 128 BKL15 v Minister for Immigration and Border Protection [2016] FCA 802; 241 FCR 450 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Décor Corporation Pty Ltd and Anor v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Minister for Immigration and Border Protection v MZYTS (2013) 136 ALD 547 Minister for Immigration and Citizenship v SZLFX [2009] HCA 31; 238 CLR 507 Muin v Refugee Review Tribunal [2002] HCA 30 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 SZTGV v Minister for Immigration and Border Protection [2015] FCAFC 3; 229 FCR 90 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86