Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baby v Minister for Immigration and Border Protection [2019] FCA 214 Appeal from: Application for leave to appeal: Baby v Minister for Immigration and Border Protection [2018] FCCA 2559
File number: NSD 1901 of 2018
Judge: FARRELL J
Date of judgment: 25 February 2019
Catchwords: MIGRATION – Applications for extension of time and leave to appeal decision of the Federal Circuit Court of Australia made after show cause hearing – primary judge dismissed application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister to refuse the applicant a Medical Treatment (Visitor) (Class UB) visa – applicant failed to attend Tribunal hearing – whether Tribunal was in error or failed to exercise jurisdiction by determining application in applicant's absence – whether there was an acceptable reason by applicant for the delay in filing application in this Court – proposed grounds of appeal have no meaningful prospect of success – Ahmad v Minister for Immigration and Border Protection (No 2) [2018] FCAFC 200 considered – applications dismissed
Legislation: Federal Circuit Court Rules 2001 (Cth) rr 44.12 Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) rr 35.13, 35.14 Migration Act 1958 (Cth) ss 359A, 360A, 362B, 379A, 379C, 462A Migration Legislation Amendment (2017 Measures No 3) Regulations 2017 (Cth) Migration Regulations 1994 (Cth) Schs 2 and 3
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