Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFX17 v Minister for Home Affairs [2020] FCA 807 File number: NSD 550 of 2020
Judge: FLICK J
Date of judgment: 10 June 2020
Catchwords: MIGRATION – consideration of application for protection visa – whether delay unreasonable PRACTICE AND PROCEDURE – privative clause decision – jurisdiction PRACTICE AND PROCEDURE – mandamus – discretionary refusal of relief PRACTICE AND PROCEDURE – submission that an earlier decision is plainly wrong and should not be followed – principles to be applied
Legislation: Migration Act 1958 (Cth) ss 5, 5E, 36, 65, 476A, 474, 501, 501A
Cases cited: Akpata v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 65 AMQ18 v Minister for Immigration and Border Protection [2019] FCAFC 27, (2019) 268 FCR 424 BAL19 v Minister for Home Affairs [2019] FCA 2189 BFW20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 562 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 Bray v Hoffman-La Roche Ltd [2003] FCAFC 153, (2003) 130 FCR 317 Fountain v Alexander (1982) 150 CLR 615 Mehmood v Attorney-General (Cth) [2013] FCA 287, (2013) 217 FCR 544 Mirvac Homes (NSW) Pty Limited v Airservices Australia (No 1) [2004] FCA 109 Thornton v Repatriation Commission (1981) 52 FLR 285
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