Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DQU16 v Minister for Home Affairs [2018] FCA 1695 Appeal from: Application for extension of time: DQU16 & Ors v Minister for Immigration & Anor [2017] FCCA 1818
File number: NSD 584 of 2018
Judge: RANGIAH J
Date of judgment: 14 December 2018
Catchwords: MIGRATION – application for extension of time to appeal – refusal of temporary protection visa – no reasonable explanation for delay – whether arguable case that Immigration Assessment Authority erred by finding that complementary protection criterion not satisfied because applicant could modify behaviour to avoid harm – extension of time granted
Legislation: Migration Act 1958 (Cth) ss 5J(1), 5J(3), 5H(1), 36(2)(a) and 36(2)(aa) Federal Court Rules 2011 (Cth) r 4.12(1), 36.03(a) and 36.05(1)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 216 CLR 473 BPX17 v Minister for Immigration and Border Protection [2018] FCA 763 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v SZSWB [2014] FCAFC 106 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
Date of hearing: 7 November 2018
Registry: New South Wales
Division: General Division
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