Federal Court of Australia
Federal Court of Australia
AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1105 Appeal from: NVDC and Minister for Immigration and Border Protection (Migration) [2018] AATA 457
File number: VID 66 of 2021
Judgment of: MORTIMER J
Date of judgment: 13 September 2021
Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where extension of time required – where the applicant previously held a protection visa – appropriate reliance by Tribunal on International Treaties Obligations Assessment, considered – application for extension of time granted – application for judicial review dismissed PRACTICE AND PROCEDURE – application for strike out filed by first respondent – where applicant had previously made an application for review that had been heard and determined by this court – where avenues for appeal had been exercised – where applicant sought to bring new grounds of judicial review – application of Anshun estoppel, considered – interlocutory application for strike out dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth)
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 79
Date of last submissions: 1 July 2021
Date of hearing: 23 June 2021
Counsel for the Applicant: Mr D Hooke SC with Mr S Lawrence and Ms E Buzo
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