Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZAFZ v Minister for Immigration and Border Protection [2019] FCA 1894 Appeal from: MZAFZ v Minister for Immigration & Anor [2019] FCCA 2016
File number(s): VID 442 of 2019
Judge(s): ANDERSON J
Date of judgment: 19 November 2019
Catchwords: MIGRATION – application for extension of time to appeal decision of the Federal Circuit Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) refusing to grant protection visa – where Tribunal was hearing matter on remittal from Federal Court of Australia – whether Tribunal was entitled to consider evidence before previous decision-maker, the Refugee Review Tribunal – where Tribunal held two certificates under s 438 of the Migration Act 1958 (Cth) to be invalid – whether Tribunal's approach gave rise to a ground for judicial review Held: application for extension of time dismissed – insufficient merit in proposed grounds of appeal
Legislation: Migration Act 1958 (Cth) ss 438, 438(1)(a) Federal Court Rules 2011 (Cth) rr 36.03, 36.05
Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68; 241 FCR 30 Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Blackman v Commissioner of Taxation (1993) 43 FCR 449 Cheung v Administrative Appeals Tribunal [2009] FCA 241; 176 FCR 20 Commonwealth v Snell [2019] FCAFC 57; 370 ALR 1; 164 ALD 22 DEC16 v Minister for Immigration and Border Protection [2019] FCA 1285 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 93 ALJR 252; 363 ALR 599; 75 AAR 75; 163 ALD 38 Morales v Minister for Immigration and Multicultural Affairs [1998] FCA 334; 82 FCR 374 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; 243 FCR 1 MZAFZ v Minister for Immigration and Border Protection [2019] FCCA 2016 Singh v Minister for Immigration and Border Protection [2016] FCA 942 Singh v Minister for Immigration and Border Protection [2019] FCA 633
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