Federal Court of Australia
FEDERAL OF AUSTRALIA
Tao v Minister for Immigration and Border Protection [2017] FCA 487 Appeal from: Application for extension of time and leave to appeal: Tao & Anor v Minister for Immigration & Anor [2016] FCCA 2669
File number: NSD 1905 of 2016
Judge: BURLEY J
Date of judgment: 12 May 2017
Catchwords: MIGRATION – application for Partner (Temporary) (Class UK) visa – whether Administrative Appeals Tribunal erred in making its decision – whether Federal Circuit Court of Australia exceeded its powers in dismissing the application under Federal Circuit Court Rules 2001 (Cth) r 44.12 PRACTICE AND PROCEDURE – application for extension of time and leave to appeal
Legislation: Migration Act 1958 (Cth) ss 5F, 359A, 375A Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court Rules 2011 (Cth) r 35.13 Migration Regulations 1994 (Cth) Schedule 2
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183; (2016) 244 FCR 305 Shrestha v Migration Review Tribunal [2015] FCAFC 87; (2015) 229 FCR 301 Tao & Anor v Minister for Immigration & Anor [2016] FCCA 2669
Date of hearing: 2 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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