Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CJU16 v Minister for Immigration and Border Protection [2017] FCA 1040 Appeal from: Application for extension of time: CJU16 v Minister for Immigration & Anor [2017] FCCA 741
File number: QUD 229 of 2017
Judge: LOGAN J
Date of judgment: 14 August 2017
Catchwords: MIGRATION – application for extension of time and leave to appeal from decision of the Federal Circuit Court of Australia – where applicant received but did not read invitation to Tribunal hearing sent to his email address and did not attend hearing – whether the Tribunal's exercise of discretion to finalise the review entailed a denial of procedural fairness – methods permitted by Migration Act for Tribunal to notify applicants – use of email address provided by applicant a possible alternative – where no error established – application dismissed
Legislation: Constitution s 75 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 426A, 426B, 441A, 441C, 477
Cases cited: CJU16 v Minister for Immigration & Anor [2017] FCCA 741 SBSC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 77
Date of hearing: 14 August 2017
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Solicitor for the Respondents: Sparke Helmore
ORDERS QUD 229 of 2017
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