Federal Court of Australia
Federal Court of Australia
Wekerle v Department of Home Affairs [2020] FCA 1300 Appeal from: Application for extension of time: Wekerle and Minister for Home Affairs [2019] AATA 630
File number: WAD 326 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 9 September 2020
Catchwords: MIGRATION - application for extension of time to file application for judicial review - applicant's visa cancelled under s 501(3A) of Migration Act 1958 (Cth) - applicant filed review application 20 days out of time - no real prejudice to Minister - application discloses reasonably arguable ground of denial of procedural fairness at impressionistic level - where it cannot be said that applicant has no real prospect of success on review application - application granted
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 39 Migration Act 1958 (Cth) ss 500, 501
Cases cited: De Simone v Commissioner of Taxation [2009] FCAFC 181 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123; (2014) 225 FCR 482 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Sullivan v Department of Transport (1978) 20 ALR 323 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145; (2018) 266 FCR 105 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
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