TCWY v Minister for Immigration and Border Protection [2018] FCA 804

FEDERAL COURT OF AUSTRALIA

TCWY v Minister for Immigration and Border Protection [2018] FCA 804 File number: NSD 2117 of 2017

Judge: PERRY J

Date of judgment: 1 June 2018

Catchwords: MIGRATION – whether application for extension of time incompetent by reason of failing to disclose previous proceedings as required by s 486D of the Migration Act 1958 (Cth) –whether s 486D constitutes a jurisdictional precondition which must be met when proceedings are commenced – whether application could be "cured" retrospectively by amendment – whether application challenging an international treaties obligations assessment (ITOA) on which an Administrative Appeals Tribunal (AAT) decision is based is an application "in relation to" an AAT decision for the purposes of s 474A(1)(b) - whether application is an abuse of process – whether Federal Court has jurisdiction to entertain a challenge to the ITOA application outside a challenge to the AAT's decision – application dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 13 Federal Court of Australia Act 1976 (Cth) s 31A Migration Act 1958 (Cth) ss 476A, 486D, 501CA Federal Court Rules 2011 (Cth) r 26.01

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 MZXPI v Minister for Immigration and Citizenship [2008] FMCA 1296 Prabhjot Singh v Minister for Immigration and Border Protection [2017] FCCA 223 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 SZKUT v Minister for Immigration and Citizenship [2008] FMCA 241 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 256 CLR 507 Walton v Gardiner (1993) 177 CLR 378