APP17 v Minister for Immigration and Border Protection [2019] FCA 794

FEDERAL COURT OF AUSTRALIA

APP17 v Minister for Immigration and Border Protection [2019] FCA 794 Review of: APP17 & Anor v Minister for Immigration & Anor [2018] FCCA 3571

File number(s): NSD 319 of 2018

Judge(s): BROMWICH J

Date of judgment: 30 May 2019

Catchwords: MIGRATION – application under s 39B of the Judiciary Act 1903 (Cth) for judicial review of a decision of the Federal Circuit Court of Australia refusing to extend time under s 477(2) of the Migration Act 1948 (Cth) – held: application dismissed with costs – the application should not have been brought without identifying jurisdictional error

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5H, 5J, 424A, 425, 476A(3)(a), 477(2), 486A(2)(b)

Cases cited: BZABK v Minister for Immigration and Citizenship [2012] FCA 774; 205 FCR 83 Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; 169 CLR 379 CKX16 v Judge of the Federal Circuit Court of Australia [2018] FCA 400 Craig v South Australia [1995] HCA 58; 184 CLR 163 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Mitco DB Pty Ltd v Chief Executive Officer of Customs [1999] FCA 712 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 SZQDZ v Minister for Immigration and Citizenship [2012] FCAFC 26; 200 FCR 207 SZRBN v Minister for Immigration and Citizenship [2012] FCA 984 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; 238 FCR 456 Vella v Minister for Immigration and Border Protection [2015] HCA 42; 326 ALR 391 WZAUG v A Judge of the Federal Circuit Court of Australia [2018] FCA 649