Federal Court of Australia
Federal Court of Australia
GJA18 v Federal Circuit Court of Australia [2021] FCA 340 Review of: GJA18 v Minister for Immigration & Anor [2020] FCCA 1514
File number(s): VID 444 of 2020
Judgment of: SC DERRINGTON J
Date of judgment: 13 April 2021
Catchwords: MIGRATION – application for grant of constitutional writs under s 39B of the Judiciary Act 1903 (Cth) – whether Federal Circuit Court of Australia erred in refusing to grant an extension of time for the filing of an application under s 477(1) of the Migration Act 1958 (Cth) in circumstances where the application was filed approximately 18 months out of time – whether application can succeed in circumstances where only "sufficiently arguable" ground of review relied on by the applicant before the primary judge no longer arguable following decision of the Full Federal Court in BXT17 v Minister for Home Affairs [2021] FCAFC 9 – application dismissed with costs
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5AA, 13, 36, 476, 476A, 477
Cases cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 BXT17 v Minister for Home Affairs [2021] FCAFC 9 CLM18 v Minister for Home Affairs [2019] FCAFC 170; (2019) 272 FCR 639 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127; (2020) 382 ALR 246 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95; (2018) 264 FCR 454 EBT16 v Minister for Home Affairs [2019] HCA 44; (2019) 374 ALR 443 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223; (2020) 385 ALR 405 Minister for Immigration v Border Protection v Mohammed [2019] FCAFC 49; (2019) 269 FCR 70 Minister for Immigration v Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110; (2016) 152 ALD 478 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456
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