Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CRK16 v Minister for Home Affairs [2020] FCA 743 Appeal from: Application for an extension of time: CRK16 v Minister for Immigration [2018] FCCA 2513
File number: VID 1378 of 2018
Judge: KENNY J
Date of judgment: 2 June 2020
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to file an appeal under r 36.05 of the Federal Court Rules 2011 (Cth) – extension of time granted MIGRATION – appeal from a judgment of the Federal Circuit Court – whether the primary judge erred in dismissing an application for judicial review of a decision of the Immigration Assessment Authority affirming the refusal of an application for a Safe Haven Enterprise visa – whether the Authority failed to consider whether the bribery and extortion the applicant was subject to gave rise to a well-founded fear of persecution – appeal dismissed
Legislation: Federal Court Rules 2011 (Cth) rr 36.03. 36.05 Migration Act 1958 (Cth) ss 5H, 5J, 36 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 BTT16 v Minister for Home Affairs [2019] FCA 251 CRK16 v Minister for Immigration [2018] FCCA 2513 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 DOP17 v Minister for Immigration and Border Protection [2019] FCA 129 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317 Minister for Immigration and Border Protection v WZAPN [2015] HCA 22; 254 CLR 610 Rajaratnam v Minister for Immigration and Multicultural Affairs [2000] FCA 1111; 62 ALD 73 SZTAP v Minister for Immigration [2015] FCAFC 175; 238 FCR 404 SZTEO v Minister for Immigration and Border Protection [2016] FCAFC 44; 239 FCR 1 SZVRQ v Minister for Immigration and Border Protection [2020] FCA 375
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