Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACK16 v Minister for Immigration and Border Protection [2018] FCA 1554 Appeal from: Application for extension of time and leave to appeal: ACK16 v Minister for Immigration & Anor [2017] FCCA 3067
File number: VID 98 of 2018 VID 639 of 2018
Judge: MCKERRACHER J
Date of judgment: 17 October 2018
Catchwords: MIGRATION – proceedings commenced by way of an application for extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia refusing to set aside an order dismissing an application for non-appearance and, subsequently, by way of an application under s 39B of the Judiciary Act 1903 (Cth) – where the applicant received no hearing – consideration of the discretion afforded under r 16.05 of the Federal Circuit Court Rules 2001 (Cth) – consideration of MZYEZ – where reinstatement was appropriate applying the 'fundamental principle' identified by Rich J in Cameron v Cole Held: appeal allowed; and s 39B application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Federal Circuit Court Rules 2001 (Cth) r 16.05
Cases cited: Cameron v Cole (1944) 68 CLR 571 Minister for Immigration and Multicultural Affairs v SZFDE (2006) 154 FCR 365 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Taylor v Taylor (1979) 143 CLR 1
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate