Federal Court of Australia
Federal Court of Australia
BJT21 v Minister for Home Affairs [2021] FCA 663 Review of: Decision of the Administrative Appeals Tribunal
File numbers: NSD 495 of 2021 NSD 567 of 2021
Judgment of: RANGIAH J
Date of judgment: 17 June 2021
Catchwords: MIGRATION – mandatory cancellation of applicant's visa under s 501(3A) of the Migration Act 1958 (Cth) – where applications for judicial review of Tribunal's decision not to revoke the mandatory cancellation decision brought in both Federal Circuit Court and Federal Court – where Federal Circuit Court transferred proceeding to Federal Court without deciding application for extension of time under s 477(2) – whether Federal Court has jurisdiction to grant an extension of time – no jurisdiction – application for extension of time remitted to Federal Circuit Court for determination
Legislation: Migration Act 1958 (Cth) ss 5, 474, 474A, 476, 476A, 477, 477A, 501 and 501CA
Cases cited: Broadbent v Minister for Immigration and Border Protection [2018] FCA 173 FAF18 v Minister for Immigration and Border Protection [2018] FCA 1474 Hay v Minister for Immigration and Border Protection [2018] FCA 124 Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2019) 270 FCR 513
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 17
Date of hearing: 17 June 2021
Counsel for the Applicant: Mr I Chatterjee
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