Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVYE v Minister for Immigration and Border Protection [2018] FCA 192 Appeal from: Application for extension of time: SZVYE v Minister for Immigration & Anor [2016] FCCA 1985
File number: NSD 1614 of 2016
Judge: KATZMANN J
Date of judgment: 26 February 2018
Catchwords: MIGRATION — application for extension of time within which to file an appeal from a judgment of the Federal Circuit Court — whether the Tribunal failed to give due consideration to the applicant's claim based on membership of a particular social group constituted by failed asylum seekers — whether discretion to extend time should be exercised
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) ss 5(1), 5AA , 36(2)(a), 36(2)(aa), 36(2A), 46A, 91R(1), 91R(2) Federal Court Rules 2011 (Cth) r 36.03
Cases cited: Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1 Mentink v Minister for Home Affairs [2013] FCAFC 113 WZAPN v Minister for Immigration and Border Protection (2014) 229 FCR 477 Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 AJS16 v Minister for Immigration and Border Protection [2016] FCA 1295 SZTAL v Minister for Immigration and Border Protection (2016) 243 FCR 556
Date of hearing: 26 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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