AVC15 v Minister for Home Affairs [2019] FCA 1356

FEDERAL COURT OF AUSTRALIA

AVC15 v Minister for Home Affairs [2019] FCA 1356 Appeal from: Application for Extension of Time: AVC15 v Minister for Immigration & Anor (No 2) [2019] FCCA 614

File number: NSD 559 of 2019

Judge: KATZMANN J

Date of judgment: 23 August 2019

Catchwords: PRACTICE AND PROCEDURE— application for extension of time to appeal — where Minister brought issue of certificate under s 438 of Migration Act 1958 (Cth) to attention of primary judge – where certificate admittedly invalid — where applicant claimed to have been denied opportunity to be heard on whether earlier disclosure of certificate could have affected outcome of application before Tribunal — whether arguable case of denial of procedural fairness

Legislation: Migration Act 1958 (Cth) s 438 Federal Court Rules 2011 (Cth) r 1.39 Federal Court of Australia Act 1977 (Cth) s 37M

Cases cited: AVC15 v Minister for Immigration and Border Protection [2018] FCCA 1430 CSR Limited v Eddy (2008) 70 NSWLR 725 MAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 Minister for Immigration and Border Protection v SZMTA; Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 Stead v State Government Insurance Commission (1986) 161 CLR 141