Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EQJ17 v Minister for Home Affairs [2020] FCA 33 Appeal from: Application for judicial review: EQJ17 v Minister for Immigration [2018] FCCA 2597
File number: NSD 1903 of 2018
Judge: PERRY J
Date of judgment: 29 January 2020
Catchwords: MIGRATION – application for judicial review of Federal Circuit Court (FCC) decision – where FCC refused to extend time under s 477(2), Migration Act 1958 (Cth), within which to seek judicial review of IAA decision affirming decision not to grant the applicant a protection visa – observations as to limited scope of judicial review of FCC decision – where FCC held applicant provided inadequate explanation for delay – whether FCC's reasons were deficient so as to give rise to a constructive failure to exercise jurisdiction – where potential failure by FCC to consider substance of proposed ground of appeal was not material to FCC's decision – application dismissed
Legislation: Migration Act 1958 (Cth) s 477(2) Federal Court Rules 2011 (Cth)
Cases cited: AYX15 v Minister for Immigration and Border Protection [2017] FCA 1037 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 93 ALJR 1091 BVG17 v BVH17 [2019] FCAFC 17 CNC15 v Federal Circuit Court of Australia [2018] FCAFC 204 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46; (2018) 259 FCR 1 Craig v South Australia (1995) 184 CLR 163 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95; (2018) 264 FCR 454 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53 Minister for Home Affairs v DUA16 [2019] FCAFC 221 Re Commonwealth of Australia; Ex parte Marks [2000] HCA 67; (2000) 75 ALJR 470 Shrestha v Minister for Immigration and Border Protection [2018] HCA 35; (2018) 264 CLR 151 SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284; (2013) 236 FCR 442 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 Triabunna Investments Pty Ltd v Minister for Environment and Energy [2019] FCAFC 60 Vella v Minister for Immigration and Border Protection [2015] HCA 42; (2015) 90 ALJR 89
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