AMB19 v Minister for Home Affairs [2020] FCA 439

FEDERAL COURT OF AUSTRALIA

AMB19 v Minister for Home Affairs [2020] FCA 439 Review of: AMB19 v Minister for Home Affairs [2019] FCCA 2693

File numbers: WAD 518 of 2019 WAD 72 of 2020

Judge: COLVIN J

Date of judgment: 6 April 2020

Catchwords: MIGRATION - application for judicial review of decision of Federal Circuit Court under s 39B of the Judiciary Act 1903 (Cth) - where Court refused applicant's application for extension of time for review of decision by Immigration Assessment Authority - whether Court misconceived nature and extent of discretion to extend time or denied existence of power or disregarded its limits - whether Court proceeded from misunderstanding of applicant's explanation for delay or failed to give proper consideration to context of applicant's explanation - where applicant sought to bring application within time but was not accepted for filing - where difficulties with interpretation - where Court did not make simple inquiry of Registry to clarify applicant's explanation - whether Court failed to consider whether grounds were reasonably arguable - where written grounds of review were unparticularised - where applicant made oral complaint about decision of Authority - consideration of duty of Court to litigants in person - application allowed MIGRATION - application for extension of time to appeal decision of Federal Circuit Court - whether applicant's application which was not accepted for filing by Registry was valid - application refused PRACTICE AND PROCEDURE - application to review decision of Registrar not to accept applicant's application for filing - consideration of power of Registrar to refuse to accept document for filing - whether application substantially complied with the Federal Circuit Court Rules 2001 (Cth) - application refused