Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DOJ20 v Federal Circuit and Family Court of Australia [2023] FCA 417 Review of: DOJ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1882
File number: SAD 168 of 2021
Judgment of: CHARLESWORTH J
Date of judgment: 5 May 2023
Catchwords: MIGRATION – application for judicial review of a decision of the formerly named Federal Circuit Court of Australia under s 39B of the Judiciary Act 1903 (Cth) – where primary judge refused to exercise the power in s 477(2) of the Migration Act 1958 (Cth) to grant an extension of time to file an application for review of decision of Administrative Appeals Tribunal – nature of jurisdictional error of an inferior court – whether primary judge committed jurisdictional error by misunderstanding the explanation for delay – whether primary judge found that the prospective grounds of review were reasonably arguable and so committed jurisdictional error by refusing to extend time – whether the primary judge misunderstood the arguments in support of the prospective grounds in a way giving rise to jurisdictional error
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36, 116. 128, 131, 476, 476A, 477, 477A
Cases cited: Ametllari v Minister for Immigration and Border Protection [2015] FCCA 603 AZAFX v Federal Circuit Court of Australia (2016) 244 FCR 401 Craig v South Australia (1995) 184 CLR 163 CZA19 v Federal Circuit Court of Australia (2021) 285 FCR 447 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 278 FCR 475 DOJ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1882 FKV17 v Minister for Home Affairs [2022] FCAFC 93; 402 ALR 492 Hu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 63 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 403 ALR 604 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 QAAH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 9 Singh & Anor v Minister for Immigration [2006] FMCA 1163
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