Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DUS17 v Minister for Home Affairs [2018] FCA 2120 File number: NSD 1961 of 2018
Judge: RARES J
Date of judgment: 20 December 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 four months late due to applicant's inability to pay lawyers – where trial judge found insufficient merit in applicant's case PRACTICE AND PROCEDURE – summary dismissal of the proceeding under Federal Court of Australia Act 1976 (Cth) s 31A(2) – dismissal as abuse of process – where applicant has no reasonable prospect of successfully prosecuting the proceeding – where application foredoomed to fail
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 31A, 37M Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 476A, 477 Federal Court Rules 2011 rr 1.31, 1.32, 1.40, 26.01 Refugees Convention
Cases cited: CKW15 v Federal Circuit Court of Australia [2018] FCA 2010 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 House v The King (1936) 55 CLR 499 Jackamarra v Krakouer (1998) 195 CLR 516 Ratnam v Cumarasamy [1965] 1 WLR 8 Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 Spencer v Commonwealth (2010) 241 CLR 118 Walton v Gardiner (1993) 177 CLR 378
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