AUM17 v Minister for Immigration and Border Protection [2018] FCA 306

FEDERAL COURT OF AUSTRALIA

AUM17 v Minister for Immigration and Border Protection [2018] FCA 306 Appeal from: Application for extension of time: AUM17 v Minister for Immigration and Border Protection [2017] FCCA 2070

File number(s): NSD 1819 of 2017

Judge(s): BANKS-SMITH J

Date of judgment: 20 March 2018

Catchwords: MIGRATION – application for extension of time - protection visa application – prior application made and rejected – argued form used for prior application invalid – prior application not invalid – application dismissed

Legislation: Legislation Act 2003 (Cth) ss 14, 14(2), 14(3) Legislative Instruments Act 2003 (Cth) s 13(1) Migration Act 1958 (Cth) ss 46(1), 46(2), 47(3), 48A, 48B Federal Court Rules 2011 (Cth) r 36.03(a) Migration Regulations 1994 (Cth) regs 1.18, 2.07(1)(a), Sch 1

Cases cited: Baig v Minister for Immigration and Border Protection [2014] FCA 855 BVJ16 v Minister for Immigration and Border Protection [2017] FCCA 1781 Comcare v Broadhurst [2011] FCAFC 39; 192 FCR 497; Hunter Valley Developments Pty Limited v Cohen [1984] Singh v Minister for Immigration and Citizenship [2013] FCA 813 SZMOV v Minister for Immigration and Border Protection [2018] FCA 66 SZNYE v Minister for immigration and Citizenship [2010] FCA 500 SZUGL v Minister for Immigration and Border Protection [2017] FCCA 419 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399