Federal Court of Australia
Federal Court of Australia
AXP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 924 Review of: AXP20 v Minister for Immigration and Anor [2020] FCCA 2967
File number(s): NSD 1253 of 2020
Judgment of: SC DERRINGTON J
Date of judgment: 9 August 2021
Catchwords: MIGRATION – application for judicial review pursuant to s 39B of the Judiciary Act 1903 (Cth) – whether refusal of primary judge to extend time for applicant to file application for review of decision of Immigration Assessment Authority involved jurisdictional error – whether primary judge did not provide sufficiently detailed reasons for finding that applicant's explanation for delay was unsatisfactory – whether primary judge engaged in illogical and irrational reasoning in application of s 473DC of Migration Act 1958 (Cth)
Legislation: Migration Act 1958 Cth) ss 5H, 473DC, 476, 476A, 477 Judiciary Act 1903 (Cth) s 39B
Cases cited: BLD16 v Minister for Immigration and Border Protection [2017] FCA 1400 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 EMT18 v Minister for Home Affairs [2019] FCA 1501 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration Protection and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110; (2016) 152 ALD 478 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Parker v The Queen [2002] FCAFC 133 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456
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