Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EIC18 v Minister for Home Affairs [2020] FCA 370 Appeal from: EIC18 & Ors v Minister for Home Affairs & Anor [2019] FCCA 1244
File number: NSD 1230 of 2019
Judge: DAVIES J
Date of judgment: 19 March 2020
Catchwords: MIGRATION – application for an extension of time to appeal decision of Federal Circuit Court to dismiss applicants' application for judicial review of Immigration Assessment Authority decision affirming delegate's decision to refuse applicants' application for safe haven enterprise visas – delay in filing notice of appeal not significant and explanation provided– where third applicant claimed to fear harm including sexual harassment and assault on return to Sri Lanka as a Tamil Kuravar woman – whether Authority erred by failing meaningfully to consider third applicant's ethnicity and caste as integers of her claim – extension of time granted – appeal allowed
Legislation: Migration Act 1958 (Cth)
Cases cited: ASV16 v Minister for Immigration and Border Protection [2018] FCAFC 141 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216; 164 ALD 139 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Home Affairs v Omar [2019] FCAFC 188 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAHI v Minister for Immigration& Multicultural & Indigenous Affairs [2004] FCAFC 10
Date of hearing: 19 February 2020
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