Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DEP16 v Minister for Immigration and Border Protection (No 2) [2017] FCA 1528 Appeal from: Application for extension of time and leave to appeal: DEP16 v Minister for Immigration & Anor [2017] FCCA 1298
File number: NSD 1241 of 2017
Judge: ALLSOP CJ
Date of judgment: 15 December 2017
Catchwords: MIGRATION – application for extension of time and leave to appeal decision of the Federal Circuit Court –where Federal Circuit court found no error in Tribunal decision affirming decision of a delegate not to grant protection visa – where judgment was delivered pursuant to show cause provision of the Federal Circuit Court Rules 2001 – where adverse credit findings were made at Tribunal hearing– whether applicant was afforded procedural fairness
Legislation: Migration Act 1958 (Cth), s 65 Federal Circuit Court Rules 2001 (Cth), r 44.12, 44.13 Federal Court Rules 2011 (Cth), r 35.13
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 DEP16 v Minister for Immigration and Border Protection [2017] FCA 1375 MZZIV v Minister for Immigration and Border Protection [2013] FCA 1203 Shrestha v Migration Review Tribunal [2015] FCAFC 87; 229 FCR 301
Date of hearing: 21 November 2017 and thereafter on the papers
Date of last submissions: 3 December 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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