Federal Court of Australia
Federal Court of Australia
BKD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 21 Review of: BKD18 v Minister for Immigration and Border Protection [2020] FCCA 530
File number: NTD 7 of 2020
Judgment of: JACKSON J
Date of judgment: 21 January 2022
Catchwords: MIGRATION - application for judicial review of a decision of the Federal Circuit Court dismissing an application under s 477(2) of the Migration Act 1958 (Cth) - applicant sought extension of time - explanation for delay not a mandatory relevant consideration - failure to consider explanation a misconception of the function of the Court - misconception material in the circumstances - application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476, 477, 477A, 501CA
Cases cited: AMB19 v Minister for Home Affairs [2020] FCA 439 BKL15 v Minister for Immigration and Border Protection [2016] FCA 802; (2016) 241 FCR 450 BVW17 v Minister for Immigration and Border Protection [2017] FCA 1508 Craig v State of South Australia (1995) 184 CLR 163 CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127; (2020) 278 FCR 475 DKX17 v Federal Circuit Court of Australia [2019] FCAFC 10; (2019) 268 FCR 64 EOC20 v Judges of the Federal Circuit Court of Australia [2021] FCA 758 Gabriel v Minister for Immigration and Border Protection [2015] FCA 474 Hickey v Australian Telecommunications Commission (1983) 72 FLR 291 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Huynh v Federal Circuit Court of Australia [2019] FCA 891 Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Pozniak v Minister for Health (Unreported, Federal Court of Australia, 14 March 1986) SZQGO v Minister for Immigration and Citizenship [2012] FCA 177 SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284; (2013) 236 FCR 442 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTSU v Federal Circuit Court of Australia [2015] FCA 224 SZUWX v Minister for Immigration and Border Protection [2015] FCA 1389 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55 WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19; (2021) 282 FCR 516
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