COD17 v Minister for Immigration and Border Protection [2018] FCA 835

FEDERAL COURT OF AUSTRALIA

COD17 v Minister for Immigration and Border Protection [2018] FCA 835 Appeal from: COD17 v Minister for Immigration and Border Protection [2017] FCCA 2619

File number: NSD 1942 of 2017

Judge: PERRY J

Date of judgment: 5 June 2018

Catchwords: MIGRATION – where Tribunal found it lacked jurisdiction to review the delegate's decision because the application for review was lodged outside the prescribed period of 28 days after notification of the decision under s 412(1)(b), Migration Act – where delegate's decision sent to last email address pursuant to s 494B(5) and taken to have been received at the end of the same day under s 494C(5) – where Federal Circuit Court dismissed application for judicial review on a show cause hearing under r 44.12(1)(a), Federal Circuit Court Rules – whether grounds of appeal lack sufficient prospects of success to warrant the grant of leave to appeal

Legislation: Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Circuit Court Rules 2001 (Cth) Federal Court Rules 2011 (Cth) Migration Regulations 1994 (Cth)

Cases cited: BSW17 v Minister for Immigration and Border Protection [2018] FCA 141 Calimoso v Minister for Immigration and Border Protection [2016] FCA 1335 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection (No 2) [2016] FCAFC 138 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588