BMU16 v Minister for Immigration and Border Protection [2018] FCA 880

FEDERAL COURT OF AUSTRALIA

BMU16 v Minister for Immigration and Border Protection [2018] FCA 880 Appeal from: BMU16 v Minister for Immigration and Border Protection [2016] FCCA 2294

File number: NSD 1521 of 2016

Judge: PERRY J

Date of judgment: 12 June 2018

Catchwords: MIGRATION – where application for review to Administrative Appeals Tribunal lodged more than 28 days after applicant taken to be notified of delegate's decision – where Tribunal had no discretion to extend time – where Tribunal lacked jurisdiction to entertain the application – where no evidence Department misled applicant– where no arguable breach of procedural fairness by reason of failure to disclose non-disclosure certificate pursuant to s 438(1)(a) Migration Act 1958 – application for leave to appeal from the Federal Circuit Court dismissed

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

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68; (2016) 241 FCR 30 ASZ16 v Minister for Immigration and Border Protection [2017] FCCA 1617 BSW17 v Minister for Immigration and Border Protection [2018] FCA 141 Calimoso v Minister for Immigration and Border Protection [2016] FCA 1335 COD17 v Minister for Immigration and Border Protection [2018] FCA 835 CZG17 v Minister for Immigration and Border Protection [2018] FCCA 859 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194 Minister for Immigration & Border Protection v Singh [2016] FCAFC 183 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 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; (2016) 243 FCR 1