CZA19 v Federal Circuit Court of Australia [2021] FCAFC 57 (21 April 2021) (Allsop CJ, Markovic and Colvin JJ)


Catchwords:


MIGRATION – application for judicial review of decision of Federal Circuit Court under s 39B of the Judiciary Act 1903 (Cth) – where Federal Circuit Court refused applicant’s application for extension of time to file an application for review of decision of Administrative Appeals Tribunal – where applicant filed application for review and application for extension of time four days out of time – where Registry accepted documents for filing 34 days out of time – whether Federal Circuit Court proceeded on misunderstanding of date on which application for extension of time was filed – nature of jurisdictional error – whether Federal Circuit Court failed to give proper consideration to merits of grounds of judicial review – whether Federal Circuit Court failed to give proper consideration to applicant’s explanation for delay – whether Federal Circuit Court fundamentally misunderstood nature and character of applicant’s application for extension of time – application allowed