Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BTI15 v Minister for Immigration and Border Protection [2020] FCA 681 Review of: BTI15 v Minister for Immigration [2016] FCCA 2326
File number: NSD 1497 of 2016
Judge: WIGNEY J
Date of judgment: 20 May 2020
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Federal Circuit Court of Australia – where primary judge dismissed application for extension of time – where applicant's application for judicial review of decision of Refugee Review Tribunal was not filed within the prescribed statutory time limit – where Refugee Review Tribunal affirmed decision to refuse applicant a protection visa – whether primary judge made a jurisdictional error – whether decision of the primary judge to refuse an extension of time was unreasonable – whether primary judge misinterpreted, misunderstood or misapplied the applicable law in finding that the applicant had not raised an arguable case of jurisdictional error by the Refugee Review Tribunal – where primary judge was found not to have made a jurisdictional error – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 417, 438, 476, 476A(3)(a), 477, 477(1), 477(2), 477(2)(a), 486A(2)
Cases cited: BTI15 v Minister for Immigration [2016] FCCA 2326 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194; [2000] HCA 47 Craig v The State of South Australia (1995) 184 CLR 163 Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491; [2000] HCA 67 SZTES v Minister for Immigration and Border Protection [2015] FCAFC 158 SZUWX v Minister for Immigration and Border Protection (2016) 238 FCR 456; [2016] FCAFC 77 SZVDC v Minister for Immigration and Border Protection (2018) 259 FCR 154; [2018] FCAFC 16 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55; [2013] FCAFC 139 Vella v Minister for Immigration and Border Protection (2015) 326 ALR 391; [2015] HCA 42
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