High Court of Australia

EBT16 v Minister for Home Affairs [2019] HCA 44

13 Nov 2019

Case Number: B37/2019


Gageler J


Administrative law – Judicial review – Jurisdictional error – s 477 of Migration Act 1958 (Cth) – Where plaintiff applied to Federal Circuit Court of Australia for judicial review of decision of Administrative Appeals Tribunal – Where plaintiff required extension of time – Where extension of time was refused under s 477(2) – Where Federal Circuit Court ordered that application be dismissed – Whether Federal Circuit Court had jurisdiction to dismiss application – Whether impermissible for Federal Circuit Court to assess full merits of application – Nature of prohibition imposed by s 477(1).

Words and phrases – "assessment of the merits", "authority to dismiss an application", "exercise of jurisdiction", "extension of time", "interests of the administration of justice", "judicial review", "jurisdiction", "prohibition in s 477(1)", "scope of jurisdiction".

Constitution – s 75(v).

Federal Circuit Court of Australia Act 1999 (Cth) – s 8(3).

Migration Act 1958 (Cth) – ss 476, 477.

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