Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CLN17 v Minister for Home Affairs [2019] FCA 1637 Appeal from: CLN17 v Minister for Immigration & Anor [2019] FCCA 3
File number: NSD 440 of 2019
Judge: DAVIES J
Date of judgment: 10 October 2019
Catchwords: MIGRATION – application for extension of time to appeal from Federal Circuit Court – primary judge affirmed decision of Immigration Assessment Authority ("IAA") affirming refusal of protection visa – whether IAA fell into jurisdictional error by not considering new information – construction of s 473DD of Migration Act 1958 (Cth) – consideration of new material could not realistically have altered decision – application dismissed
Legislation: Migration Act 1958 (Cth) s 473DD
Cases cited: Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 3 FCR 344; [1984] FCA 186 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252; [2019] HCA 3 MZAPB v Minister for Immigration and Border Protection (2015) 242 FCR 585; [2015] FCA 1391 MZZIV v Minister for Immigration and Border Protection [2013] FCA 1203 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 92 ALJR 481; [2018] HCA 174 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158
Date of hearing: 19 August 2019
Registry: New South Wales
Division: General Division
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