Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EXU17 v Minister for Immigration and Border Protection [2018] FCA 1675 Appeal from: EXU17 v Minister for Immigration and Border Protection [2018] FCCA 1093
File number: NSD 819 of 2018
Judge: GRIFFITHS J
Date of judgment: 7 November 2018
Catchwords: MIGRATION – application for judicial review of orders of the Federal Circuit Court of Australia (FCCA) which refused to extend time under s 477 of the Migration Act 1958 (Cth) (the Act) – whether the primary judge fell into jurisdictional error by adopting an unduly narrow approach in applying s 477(2) of the Act – application allowed and matter remitted to the FCCA for determination according to law
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11(1)(c) Federal Court of Australia Act 1976 (Cth), s 24(1)(d) Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 36(2B), 476, 477(2) Federal Court Rules 2011 (Cth), rr 36.03, 36.05
Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133 BOA15 v Minister for Immigration and Border Protection [2016] FCA 214 BVW17 v Minister for Immigration and Border Protection [2017] FCA 1508 CDD15 v Minister for Immigration and Border Protection [2017] FCAFC 65; 250 FCR 587 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46 Craig v South Australia [1995] HCA 58; 184 CLR 163 DMI16 v Federal Circuit of Australia [2018] FCAFC 95 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Hunter Valley Developments Pty Limited v Cohen (1994) 3 FCR 344 Mentink v Minister for Home Affairs [2013] FCAFC 113 Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 MZZGC v Minister for Immigration and Border Protection [2015] FCA 842 MZZIV v Minister for Immigration and Border Protection [2013] FCA 1203 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 New Acland Coal Pty Ltd v Smith [2018] QSC 88 Seiler v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 878; 48 FCR 83 SZNJG v Minister for Immigration and Border Protection [2018] FCA 334 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; 238 FCR 456
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