GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1125

Federal Court of Australia

GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1125 Review of: GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 2844

File number: WAD 548 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 6 August 2020

Catchwords: MIGRATION - application under s 39B of the Judiciary Act 1903 (Cth) - where Immigration Assessment Authority affirmed decision of the delegate of the Minister refusing to grant a protection visa - where Federal Circuit Court of Australia dismissed an application for an extension of time under s 477(2) of the Migration Act 1958 (Cth) for review application - whether Federal Circuit Court failed to consider properly the application - whether Federal Circuit Court failed to provide the applicants an opportunity to present their case

Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5H, 5J, 36, 473CB, 477, Part 7AA

Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; (2018) 266 FCR 83 AZZ18 v Minister for Home Affairs [2019] FCA 844 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127 DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784 GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 2844 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55