Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 Appeal from: Application for extension of time: BLD16 v Minister for Immigration & Anor [2017] FCCA 1401
File number(s): QUD 368 of 2017
Judge(s): DERRINGTON J
Date of judgment: 30 November 2017
Catchwords: MIGRATION – application for extension of time – explanation for the failure to lodge an appeal within time that legal advisors made certain errors – legal advisor acting pro bono – whether delay reasonable considered MIGRATION – Consideration of the merits of proposed appeal – factual error alleged to amount to jurisdictional error – applicant claimed to be a person in respect of whom Australia owed protection obligations
Legislation: Migration Act 1958 (Cth) ss 36, 65 Federal Court Rules 2011 (Cth) r 36.05
Cases cited: CQG15 v Minister for Immigration and Border Protection (2016) 70 AAR 413 Dunlop v Fishburn (No 3) [2012] FCA 315 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 at 348-349 Jackamarra v Krakouer (1998) 195 CLR 516 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Mohammed v Minister for Immigration and Border Protection (2015) 231 FCR 243 Parker v The Queen [2002] FCAFC 133 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZQHK v Minister for Immigration and Citizenship (2012) 125 ALD 458 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51
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