Federal Court of Australia
Federal Court of Australia
CQI18 v Minister for Home Affairs [2021] FCA 1168 Appeal from: CQI18 v Minister for Home Affairs & Anor [2020] FCCA 3104
File number(s): VID 185 of 2021
Judgment of: MORTIMER J
Date of judgment: 28 September 2021
Catchwords: MIGRATION – extension of time to appeal – leave to appeal on new ground – breach of procedural fairness –document not put to applicant – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 46A, 65, 474, 477(1) Federal Court Rules 2011 (Cth) r 36.03(a) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) as amended by the Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: ALZ15 v Minister for Immigration and Border Protection [2017] FCA 279 BKQ16 v Minister for Immigration and Border Protection [2019] FCA 40; 163 ALD 127 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 268 CLR 76 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; 49 FCR 576 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 EFX17 v Minister for Immigration and Border Protection [2019] FCAFC 230; 273 FCR 508 EKU17 v Minister for Immigration and Border Protection [2019] FCA 782; 165 ALD 332 FSG17 v Minister for Immigration [2020] FCAFC 29; 274 FCR 456 Kioa v West (1985) 159 CLR 550 Mathews v Canada (Minister of Citizenship and Immigration) [2003] FCJ No 1777; FC 1387 Milne v Minister for Immigration and Citizenship [2011] FCAFC 41; 120 ALD 405 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 259 CLR 180 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 National Disability Insurance Agency v WRMF [2020] FCAFC 79; 276 FCR 415 Plaintiff M61/2010E v Commonwealth [2010] HCA 41; 243 CLR 319 Somaghi v Minister for Immigration, Local Government and Ethnic Affairs [1991] FCA 501; 31 FCR 100 Tahiri v Minister for Immigration and Citizenship [2012] HCA 61; (2013) 249 CLR 332 VSAB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 239
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