Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSY16 v Minister for Home Affairs [2019] FCA 140 Appeal from: BSY16 v Minister for Immigration & Anor [2018] FCCA 1283
File number: WAD 237 of 2018
Judge: THAWLEY J
Date of judgment: 11 February 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – whether the Federal Circuit Court failed to consider all grounds raised by the appellant – whether the appellant was denied procedural fairness – whether the Tribunal failed to give reasons for its reliance on particular country information PRACTICE AND PROCEDURE – application for an adjournment – where appellant sought further time to obtain legal representation – where legal representation had not yet been obtained in the eight months since filing the notice of appeal
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) s 430(1)
Cases cited: CSJ15 v Minister for Immigration and Border Protection [2017] FCA 1463 MZAGE v Minister for Immigration and Border Protection [2016] FCA 630 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
Date of hearing: 11 February 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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