Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUON v Minister for Immigration and Border Protection (No 2) [2019] FCA 348 Appeal from: Application for extension of time: SZUON v Minister for Immigration & Anor [2016] FCCA 2462
File number: NSD 1883 of 2016
Judge: RANGIAH J
Date of judgment: 15 March 2019
Catchwords: MIGRATION – application for extension of time within which to appeal against a judgment of the Federal Circuit Court of Australia – Tribunal's misunderstanding of agent's letter denied applicant opportunity to provide further evidence – failure to provide a real chance to present case – extension of time and appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 360, 422B, 425, 425(1), 427(1)(c), 438, 438(1) and 438(1)(a) Federal Court Rules 2011 (Cth) r 36(2)(c)
Cases cited: Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Hossain v Minister for Immigration and Border Protection [2013] HCA 34 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 MZAMP v Minister for Immigration and Border Protection (2016) FCA 804 MZZMG v Minister for Immigration and Border Protection (2015) 234 FCR 180
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