Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BVW17 v Minister for Immigration and Border Protection [2017] FCA 1508 File number: VID 1090 of 2017
Judge: MORTIMER J
Date of judgment: 13 December 2017
Catchwords: ADMINISTRATIVE LAW – migration – application for judicial review of Federal Circuit Court refusal to extend time under s 477(2) of the Migration Act 1958 (Cth) – whether primary judge denied procedural fairness in not giving applicant an opportunity to make reply submissions – whether primary judge failed to take into account relevant consideration of explanation for delay – whether primary judge failed to deal with error plainly raised on the material – whether decision legally unreasonable in all the circumstances – application dismissed
Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 473CB, 476A, 477
Cases cited: AMA16 v Minister for Immigration & Ors [2017] FCCA 303 Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 26; 78 CLR 353 AZAFX v Federal Circuit Court of Australia [2016] FCA 1139; 244 FCR 401 BVW17 v Minister for Immigration & Anor [2017] FCCA 1739 Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367; 180 LGERA 1 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 259 CLR 180 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110 MZAIB v Minister for Immigration and Border Protection [2015] FCA 1392; 238 FCR 158 NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228; 123 FCR 298 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Shrestha v Migration Review Tribunal [2015] FCAFC 87; 229 FCR 301 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 SZTSU v Federal Circuit Court of Australia [2015] FCA 224 SZTSU v Federal Circuit Court of Australia [2015] FCAFC 129 SZUWX v Minister for Immigration and Border Protection [2015] FCA 1389 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; 217 FCR 55
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