Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CAD17 v Minister for Immigration and Border Protection [2019] FCA 1343 Appeal from: CAD17 v Minister for Immigration and Border Protection [2017] FCCA 3400
File number: ACD 5 of 2018
Judge: O'BRYAN J
Date of judgment: 30 August 2019
Catchwords: MIGRATION – application for extension of time to appeal a decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal refusing application for protection visa – where Administrative Appeals Tribunal dismissed application pursuant to s 426A(1A)(b) Migration Act 1958 (Cth) due to non-appearance of applicant – whether applicant denied procedural fairness by Tribunal's failure to notify applicant of certificate issued under s 438 Migration Act 1958 (Cth) – whether Court should exercise discretion to grant extension of time to file notice of appeal – where appeal has no prospects of success – application refused
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011, r 36.05
Cases cited: AMF15 v Minister for Immigration and Border Protection (2016) 241 FCR 30 Applicants M160/2003 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 223 FCR 441 Ariaee v Minister for Immigration and Multicultural Affairs [2001] FCA 1627 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jackamarra v Krakouer (1998) 195 CLR 516 Kalanje v Minister for Immigration and Multicultural Affairs [2006] FCA 1618 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 Minister for Immigration and Border Protection v SZMTA (2019) 163 ALD 38 MZAGE v Minister for Immigration and Border Protection [2016] FCA 630 New South Wales v Canellis (1994) 181 CLR 309 N1202/01A v Minister for Immigration and Multicultural Affairs (2002) 68 ALD 21 Parker v R [2002] FCAFC 133 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 SZVLE v Minister for Immigration and Border Protection [2017] FCA 90 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399
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