ALL16 v Minister for Immigration and Border Protection [2018] FCA 419

ALL16 v Minister for Immigration and Border Protection [2018] FCA 419

The Federal Circuit Court judge did not commit jurisdictional error or deny procedural fairness in refusing the application for an extension of time under s 477(2) of the Migration Act 1958 (Cth); consideration of relevant factors and merits was within jurisdiction and no error attracting judicial review was made.

Jurisdiction
Australia
Judgment Date
12 March 2018
Procedural Posture
Judicial Review Application / Federal Court First Instance Determination Following Appeal From FCCA
Outcome
Application dismissed with costs
Legal Topics
['extension of Time Under Migration Act' 'jurisdictional Error' 'procedural Fairness' 'judicial Review']
['migration Law' 'administrative Law'] ['extension of Time Under Migration Act' 'jurisdictional Error' 'procedural Fairness' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review Application / Federal Court First Instance Determination Following Appeal From FCCA

Legal Issues

  1. 1 ['Whether the Federal Circuit Court judge made a jurisdictional error in refusing the extension of time application pursuant to s 477(2) of the Migration Act 1958 (Cth)' 'Whether denial of an extension of time amounted to a denial of procedural fairness']

Ratio Decidendi

The Federal Circuit Court judge did not commit jurisdictional error or deny procedural fairness in refusing the application for an extension of time under s 477(2) of the Migration Act 1958 (Cth); consideration of relevant factors and merits was within jurisdiction and no error attracting judicial review was made.

Court Disposition

Application dismissed with costs

Orders

  • ['The applicant be granted leave to file electronically the amended originating application for relief under s 39B of the Judiciary Act 1903 (Cth) by 5 pm on the date of order.' 'The applicant be granted leave to rely on the amended originating application for relief under s 39B of the Judiciary Act 1903 (Cth) in...