CKA15 v Minister for Immigration and Border Protection [2018] FCA 839

FEDERAL COURT OF AUSTRALIA

CKA15 v Minister for Immigration and Border Protection [2018] FCA 839 Appeal from: Application for leave to appeal: CKA15 & Ors v Minster for Immigration & Anor [2017] FCA 1327

File number(s): NSD 8 of 2018

Judge(s): DERRINGTON J

Date of judgment: 8 June 2018

Catchwords: MIGRATION – application for extension of time to appeal from the decision to refuse relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Federal Circuit Court of Australia not to extend the time within which the applicants might apply for judicial review of a decision of the AAT – Where it was alleged that the AAT improperly considered evidence given orally at a hearing notwithstanding the AAT's inquisitorial role – Ability of AAT to acquire information relevant to its decision

Legislation: Evidence Act 1995 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Baig v Minister for Immigration and Border Protection [2014] FCA 855 CKA15 v Minister for Immigration & Border Protection [2017] FCCA 1089 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Indigenous Affairs v SGLB (2004) 207 ALR 12 Singh v Minister for Immigration and Citizenship [2013] FCA 813 SZLPO v Minister for Immigration and Citizenship (2009) 177 FCR 1 SZNYE v Minister for immigration and Citizenship [2010] FCA 500 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTSU v Federal Circuit Court of Australia [2015] FCA 224