DMI16 v Federal Circuit Court of Australia

(2018) 264 FCR 454; [2018] FCAFC 95

Full Court of the Federal Court25 June 2018

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Catchwords

1. Migration
1. appeal from Federal Court decision dismissing application for judicial review of Federal Circuit Court (FCC) decision
1. consideration of the scope of the Federal Court’s jurisdiction to issue a writ of certiorari to quash a decision of the FCC
1. consideration of the scope of jurisdictional error and of non-jurisdictional error of law on the face of the record in the context of an inferior court of record

Quick Take

Judicial review of Federal Circuit Court decisions refusing extensions of time under s 477(2) is unavailable by certiorari for non-jurisdictional error based on the court's reasons, and applicants must establish jurisdictional error rather than mere error within jurisdiction in relation to evidentiary rulings.

Case Details

Citation[2018] FCAFC 95

Reported(2018) 264 FCR 454

CourtFCAFC

JurisdictionCommonwealth

Decision Date25 June 2018

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Cited by34

2026Li v Federal Circuit and Family Court of AustraliaFCA 1034
2024DDC24 v Minister for Immigration, Citizenship and Multicultural AffairsFCA 646
2024BLR23 v Federal Circuit and Family Court of AustraliaFCAFC 2
2023FNT17 v Minister for Immigration, Citizenship and Multicultural AffairsFedCFamC2G 123
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Relies on33

2018SZVDC v Minister for Immigration and Border ProtectionFCAFC 16
2018Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty LtdHCA 4
2018DAO16 v Minister for Immigration and Border ProtectionFCAFC 2
2017DMI16 v Federal Circuit Court of AustraliaFCA 1179
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