Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CKW15 v Federal Circuit Court of Australia [2018] FCA 2010 File number: NSD 1669 of 2018
Judge: RARES J
Date of judgment: 27 November 2018
Catchwords: MIGRATION – application for Constitutional writ relief under Judiciary Act 1903 (Cth) s 39B – whether Federal Circuit Court committed jurisdictional error in refusing extension of time application under Migration Act 1958 (Cth) s 477 – where application made two years late without explanation – whether new medical evidence not before the Tribunal made the Tribunal's decision legally unreasonable
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 417, 476, 477 Federal Circuit Court Rules 2011 r 44.12 Refugees Convention
Cases cited: Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 Craig v South Australia (1995) 184 CLR 163 DKX17 v Federal Circuit Court of Australia [2018] FCA 515 House v The King (1936) 55 CLR 499 Jackamarra v Krakouer (1998) 195 CLR 516 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 M211 of 2003 v Refugee Review Tribunal (No 1) (2004) 212 ALR 520 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 333 Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 SZIHM v Minister for Immigration and Multicultural Affairs [2006] FCA 1614
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