Federal Court of Australia
Federal Court of Australia
BCW16 v Minister for Immigration and Border Protection [2021] FCA 1086 Appeal from: BCW16 v Minister for Immigration & Anor [2020] FCCA 2769
File number: VID 726 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 10 September 2021
Catchwords: MIGRATION – application for extension of time to file a notice of appeal from judgment of the Federal Circuit Court of Australia – protection visa – International Treaties Obligations Assessment – whether assessor fell into jurisdictional error by failing to consider a claim – where primary judge dismissed application for judicial review – whether proposed appeal ground had sufficient merit to justify an extension of time – application for extension of time dismissed
Legislation: Migration Act 1958 (Cth), ss 36, 417
Cases cited: DQU16 v Minister for Home Affairs (2021) 388 ALR 363 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
Date of hearing: 2 September 2021
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr WS Mosley
Solicitor for the First Respondent: Australian Government Solicitor
Solicitor for the Second Respondent: The second respondent filed a submitting notice, save as to costs
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