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Key decisions

  •  EBT16 v Minister for Home Affairs [2019] HCA 44
  • Bosanac v Commissioner of Taxation [2019] HCA 41 
  • BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall
    [2019] HCA 45 
  • New South Wales v Robinson [2019] HCA 46

Immigration

Administrative law – judicial review – jurisdictional error

In EBT16 v Minister for Home Affairs [2019] HCA 44 (13 November 2019) the plaintiff applied for a constitutional or other writ in the original jurisdiction of the High Court under s 75(v) of the Constitution. The plaintiff sought a writ of certiorari quashing two orders of the Federal Circuit Court. By the first order, the Federal Circuit Court refused an application by the plaintiff for an extension of time under s 477(1) of the Migration Act 1958 (Cth) for the filing of an application for judicial review of a decision of the Administrative Appeals Tribunal. The second order dismissed the application for judicial review in respect of which the extension of time was sought. The plaintiff also sought a writ of mandamus requiring the Federal Circuit Court to determine his application for an extension of time according to law.

The High Court did not consider that the plaintiff’s application raised an arguable basis for the relief sought by the plaintiff.

Gageler J. Application dismissed under r 25.09.1 of the High Court Rules 2004 (Cth).

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