BQV16 v Minister for Immigration and Border Protection [2017] FCA 1184

FEDERAL COURT OF AUSTRALIA

BQV16 v Minister for Immigration and Border Protection [2017] FCA 1184 Appeal from: Application for extension of time and leave to appeal: BQV16 v Minister for Immigration & Border Protection [2016] FCCA 2992

File number: NSD 529 of 2017

Judge: FLICK J

Date of judgment: 6 October 2017

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – no claim of prejudice by Respondent – whether decision of Federal Circuit Court attendant with sufficient doubt to warrant reconsideration – no self-evident error – application refused MIGRATION – refusal of protection visa – decision affirmed by Tribunal – judicial review application summarily dismissed by the Federal Circuit Court

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a) Federal Court Rules 2011 (Cth) r 35.13

Cases cited: AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193, (2015) 238 FCR 341 BQV16 v Minister for Immigration & Border Protection [2016] FCCA 2992 Gallo v Dawson (1990) 64 ALJR 458 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929, (2001) 64 ALD 9 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139, (2010) 81 ATR 36 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52, (2016) 243 FCR 220 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867 SZTOV v Minister for Immigration and Border Protection [2014] FCA 942 SZVBT v Minister for Immigration and Border Protection [2017] FCA 355