CVA18 v Minister for Home Affairs [2019] FCA 261

FEDERAL COURT OF AUSTRALIA

CVA18 v Minister for Home Affairs [2019] FCA 261 Appeal from: Application for extension of time: CVA18 v Minister for Home Affairs [2018] FCCA 2512

File number: NSD 1942 of 2018

Judge: ALLSOP CJ

Date of judgment: 28 February 2019

Catchwords: MIGRATION – where application for second protection visa made after previous protection visa application refused – where both Refugee Convention and complementary protection criteria previously considered in merits review – whether application for protection visa invalid by reason of s 48A of the Migration Act 1958 (Cth) – no error in approach of primary judge – application dismissed

Legislation: Migration Act 1958 (Cth) s 48A Federal Court Rules 2011 (Cth) r 36.03

Cases cited: SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235

Date of hearing: 28 February 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 24

Counsel for the Applicant: The applicant did not appear

Solicitor for the Respondent: A Nanson of Australian Government Solicitor

ORDERS NSD 1942 of 2018

BETWEEN: CVA18 Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 28 February 2019

THE COURT ORDERS THAT:

1. The application for an extension of time in which to file and serve a notice of appeal filed on 15 October 2018 be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.