Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDA16 v Minister for Home Affairs [2019] FCA 874 Review of: BDA16 v Minister for Immigration and Border Protection [2018] FCCA 2370
File number(s): NSD 171 of 2019
Judge(s): FARRELL J
Date of judgment: 7 June 2019
Catchwords: MIGRATION – judicial review application under s 39B of the Judiciary Act 1903 (Cth) to review a decision of the Federal Circuit Court of Australia to refuse an application under s 477(2) of the Migration Act 1958 (Cth) for an extension of time to make an application under s 476 of the Migration Act seeking review of a decision of the Refugee Review Tribunal – where Tribunal affirmed a decision of the Minister's delegate to refuse to grant protection visas to the applicants – where applicants accepted legal advice to request Ministerial intervention under s 417 of the Migration Act instead of judicial review of the Tribunal's decision – where Minister took 31 months to make a decision – where the request for Ministerial intervention was not successful – where application to Federal Circuit Court was 33 months out of time – whether Federal Circuit Court failed to appreciate or deal with the applicants' claim that the time taken by the Minister to make a decision on their request for Ministerial intervention under s 417 was blameworthy and that it was part of the reason for claiming an acceptable reason for the delay – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 417, 476A, 477
Cases cited: ALL16 v Minister for Immigration and Border Protection [2018] FCA 419 BDA16 v Minister for Immigration and Border Protection [2018] FCCA 2370 BDA16 v Minister for Home Affairs [2019] FCA 85 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 Daniel v Minister for Immigration & Multicultural and Indigenous Affairs [2004] FCA 21; 205 ALR 198 FEZ17 v Minister for Home Affairs [2019] FCAFC 76 M211 of 2003 v Refugee Review Tribunal [2004] FCAFC 293; 212 ALR 520 Mitco DB Pty Ltd v Chief Executive Officer of Customs [1999] FCA 712 Re Commonwealth; Ex Parte Marks [2000] HCA 67; 177 ALR 491 SZFGO v Minister for Immigration and Citizenship [2008] FCA 1478 SZTUT v Minister for Immigration and Border Protection [2016] HCATrans 150 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; 238 FCR 456
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