AKU15 v Minister for Immigration and Border Protection [2017] FCA 165

FEDERAL COURT OF AUSTRALIA

AKU15 v Minister for Immigration and Border Protection [2017] FCA 165 Appeal from: Application for extension of time and leave to appeal: AKU15 v Minister for Immigration & Anor [2016] FCCA 2512

File number: NSD 1656 of 2016

Judge: KATZMANN J

Date of judgment: 28 February 2017

Catchwords: PRACTICE AND PROCEDURE — application for an extension of time and leave to appeal — where application for judicial review dismissed after applicant failed to appear at show cause hearing and later sought orders for application to be reinstated — whether primary judge erred in dismissing reinstatement application MIGRATION — Refugees — application for protection visa — where application for review filed outside prescribed period and Tribunal found it had no jurisdiction to hear review on that account — whether primary judge erred in holding that Tribunal had no jurisdiction to review decision under s 414 of Migration Act 1958 (Cth) — whether Tribunal had discretion to review decision where application made outside prescribed period — relationship between ss 412 and 414

Legislation: Acts Interpretation Act 1901 (Cth), s 36 Federal Court of Australia Act 1976 (Cth) ss 24(1A) Migration Act 1958 (Cth) ss 37M, 66, 411(1)(c), 412, 414, 494C(4), 494B(4), 494D(2), 494B(4), 494B(4) Federal Court Rules 2011 (Cth) rr 1.39, 35.13, 35.14, 36.03 Migration Regulations 1994 (Cth) reg 2.16(3), 4.31

Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Fernando v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 407 SZFDE v Minister for Immigration & Citizenship (2007) 232 CLR 189 SZQVV v Minister for Immigration and Citizenship [2012] FCA 871 SZQVV v Minister for Immigration and Citizenship [2012] FCA 1471 SZULH v Minister for Immigration and Border Protection [2015] FCA 835 VEAN v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 570