Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DUY18 v Minister for Home Affairs [2019] FCA 1564 Appeal from: Application for an extension of time and leave to appeal: DUY18 v Minister for Home Affairs [2019] FCCA 1228
File number: NSD 821 of 2019
Judge: ALLSOP CJ
Date of judgment: 24 September 2019
Catchwords: MIGRATION – application for an extension of time and leave to appeal – where subsequent application for protection visa made after initial application for protection visa refused – where subsequent application considered to be invalid by reason of s 48A of the Migration Act 1958 (Cth) – where grounds of appeal analogous to those rejected in BVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205 and SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121 – no error in approach of primary judge – application dismissed with costs
Legislation: Federal Court of Australia Act 1976 (Cth), ss 24(1A), 24(1D) Migration Act 1958 (Cth), s 48A Federal Court Rules 2011 (Cth), r 35.13
Cases cited: BVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205 SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121
Date of hearing: 18 September 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Solicitor for the Respondent: Ms A Wong of Mills Oakley
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