FKV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1950

FEDERAL COURT OF AUSTRALIA

FKV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1950 Review of: Application for judicial review: FKV17 v Minister for Immigration and Border Protection & Anor [2018] FCCA 2260

File number: QUD 650 of 2018

Judge: COLLIER J

Date of judgment: 25 November 2019

Catchwords: MIGRATION – application pursuant to s 39B Judiciary Act 1903 (Cth) - basis for the jurisdiction of the Court to issue a writ of certiorari – whether reasons of the Federal Circuit Court comprise part of the record – whether reasons for decision of the primary Judge were incorporated into the record by his Honour's reasons referring to orders – principles relevant to discretion for extension of time – whether a jurisdictional error and/or error on the face of the record occurred

Legislation: Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 77(2)(b), 417(1), 424A, 424AA, 425 438(2)(a), 476A(3),477(1), 477(2),438 Federal Circuit Court Rules 2001 (Cth)

Cases cited: BVG17 v BVH17 [2019] FCAFC 17 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95 FKV17 v Minister for Immigration and Broder Protection & Anor [2018] FCCA 2260 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; (2016) 243 FCR 1 SZTSU v Federal Circuit Court of Australia [2015] FCAFC 129 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55 WZATH v Minister for Immigration and Border Protection [2014] FCA 969 WZATH v Minister for Immigration and Border Protection [2014] FCCA 612 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760