BLD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 294

FEDERAL COURT OF AUSTRALIA

BLD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 294 Appeal from: Application for judicial review: BLD20 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 876

File number: NSD 1054 of 2022

Judgment of: KENNETT J

Date of judgment: 3 April 2023

Catchwords: MIGRATION – review of decision of Federal Circuit Court dismissing application for extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth) – consideration of whether date of "corrigendum" is "date of the migration decision" for purposes of s 477 – where changes made not inconsistent with original statement being the "written statement" MIGRATION – whether "application" "made" for purposes of s 477 despite failure to comply with rules of court MIGRATION – discretion to refuse to grant relief where inconsistent positions advanced

Legislation: Acts Interpretation Act 1901 (Cth) s 36(1) Federal Circuit Court of Australia Act 1999 (Cth) ss 46(1)(b), 50, 81 Migration Act 1958 (Cth) ss 116(1)(e), 430, 476, 477 Federal Circuit Court Rules 2001(Cth) rr 1.07, 4.05 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 150 (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) Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990)