EBT16 v Minister for Home Affairs

HIGH COURT OF AUSTRALIAGAGELER JEBT16  PLAINTIFFANDMINISTER FOR HOME AFFAIRS & ANOR  DEFENDANTSEBT16 v Minister for Home Affairs[2019] HCA 44Date of Judgment: 13 November 2019B37/2019ORDER1.The application is dismissed.2.The plaintiff is to pay the first defendant's costs.Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSEBT16 v Minister for Home AffairsAdministrative 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. GAGELER J. By application for a constitutional or other writ filed in the original jurisdiction of the High Court under s 75(v) of the Constitution on 18 June 2019, the plaintiff seeks a writ of certiorari quashing two orders made by the Federal Circuit Court...