Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZARM v Minister for Immigration and Border Protection [2019] FCA 607 Appeal from: Application for extension of time: MZARM v Minister for Immigration and Anor [2018] FCCA 965
File number: VID 575 of 2018
Judge: BROMBERG J
Date of judgment: 15 April 2019
Catchwords: MIGRATION – application for extension of time to appeal from decision of the Federal Circuit Court – whether the applicant has a reasonable prospect of success on the proposed ground – s 438 Migration Act 1958 (Cth) – where Tribunal failed to inform the applicant of the existence of a s 438 notification – whether failure is arguably material to the outcome of Tribunal's review – application granted.
Legislation: Migration Act 1958 (Cth), s 438
Cases cited: AKH16 v Minister for Immigration and Border Protection [2018] FCA 372 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 MZABP v Minister for Immigration and Border Protection and Others (2015) 242 FCR 585 Stead v State Government Insurance Commission (1986) 161 CLR 141
Date of hearing: 15 April 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Ms S Kelly
Solicitor for the Applicant: Clothier Anderson Immigration Lawyers
Counsel for the First Respondent: Mr M Hosking
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