APX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 683

FEDERAL COURT OF AUSTRALIA

APX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 683 Appeal from: APX19 v Minister for Home Affairs & Anor [2019] FCCA 1610

File number(s): NSD 1190 of 2019

Judge(s): COLLIER J

Date of judgment: 20 May 2020

Catchwords: MIGRATION – application for extension of time to appeal from decision of the Federal Circuit Court – where primary Judge dismissed application for review of the Administrative Appeals Tribunal's (Tribunal) decision to affirm delegate's decision refusing to grant the appellant a protection visa – no prejudice to Minister from extension of time – whether Tribunal had failed to consider integer of appellant's claim – application to adduce transcripts of Tribunal and Federal Circuit Court hearings as further evidence on appeal

Legislation: Federal Court of Australia Act 1976 (Cth) – s 27 Migration Act 1958 (Cth) – ss 5AAA(2), 36(2)(a), 36(2)(aa) Federal Court Rules 2011 (Cth) – rr 36.03, 36.05, 36.57

Cases cited: Abebe v The Commonwealth (1999) 197 CLR 510; [1999] HCA 14 Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 BUD17 v Minister for Home Affairs (2018) 264 FCR 134; [2018] FCAFC 140 Chava v Minister for Immigration & Border Protection [2014] FCA 313 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Guo v Minister for Immigration & Border Protection [2018] FCAFC 34 Guss v Johnstone [2000] FCA 1455 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 186 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural Affairs (No 2) (2004) 144 FCR 1 NASA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 653 NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 Reece v Webber (2011) 192 FCR 254; [2011] FCAFC 33 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 Sobey v Nicol and Davies (2007) 245 ALR 389; [2007] FCAFC 136 SZQPY v Minister for Immigration and Border Protection [2013] FCA 1113