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AAW16 v Minister for Immigration and Border Protection [2017] FCA 49

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MIGRATION - application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) - original application replaced by application for an extension of time to file a notice of appeal - appeal from Federal Circuit Court decision dismissing an application for judicial review of Tribunal's refusal of protection visa application - where draft notice of appeal included fresh evidence ground pertaining to facts and circumstances not in existence at time of Tribunal's decision - where fresh evidence ground disclosed no reasonable prospect of success - where remaining grounds in draft notice of appeal disclosed no reasonable prospect of success - held: application for an extension of time dismissed with costs - held: originating application for relief under s 39B dismissed with costs

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