Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aulakh v Minister for Immigration and Border Protection [2017] FCA 321 Review of: Aulakh v Minister for Immigration and Border Protection [2016] FCCA 2802
File number: VID 1295 of 2016
Judge: TRACEY J
Date of judgment: 28 March 2017
Catchwords: MIGRATION – application for judicial review of a decision of the Federal Circuit Court of Australia – whether primary judge erred in refusing to grant an extension of time under s 447(2) of the Migration Act 1958 (Cth) – where late application made to the Federal Circuit Court for judicial review of a decision of the Migration Review Tribunal to refuse to grant the applicants Skilled (Provisional) (Class VC) visas – where primary judge not satisfied that it was necessary in the interests of the administration of justice to grant the extension of time – where inadequate explanation for delay – where respondent not prejudiced by the extension sought – where absence of any reasonably arguable grounds of judicial review
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 477(1), 447(2), 476A(3)(a)
Cases cited: Aulakh v Minister for Immigration and Border Protection [2016] FCCA 2802 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55; [2013] FCAFC 139
Date of hearing: 28 March 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
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