Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AVH17 v Minister for Immigration and Border Protection [2019] FCA 122 File number(s): QUD 821 of 2018
Judge(s): GREENWOOD J
Date of judgment: 13 February 2019
Catchwords: MIGRATION – consideration of an application to extend time within which to file a notice of appeal from orders of the Federal Circuit Court of Australia – consideration of whether leave is to be given to raise a new ground of appeal not agitated in the application for judicial review before the Federal Circuit Court – consideration of the tests to be applied in determining whether an extension of time ought to be granted – consideration of the distinction between classes of case involving questions going to an issue of whether a public official has exceeded the statutory limits of decision-making authority or power on the one hand and other classes of case characterised as engaging questions raising inter-parties' issues of an entirely private character going to, for example, the scope of rights, duties and obligations of a private character
Legislation: Migration Act 1958 (Cth), ss 36(2)(aa), 36(2)(a), 36(2A) Federal Court Rules 2011, rr 36.03, 36.05
Cases cited: Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510 Summers v Repatriation Commission (2015) 230 FCR 179
Date of hearing: 4 February 2019
Date of last submissions: 4 February 2019
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