The Full Court of the Federal Court has unanimously held that ‘Brown No 2 was wrongly decided and should not be followed’

 

On 19 November 2018, we wrote about a single judge decision of the Federal Court, where it was held that the AAT had the discretion to accept a review application made after the statutory deadline: Brown v Minister for Home Affairs (No. 2) [2018] FCA 1787 (Brown No 2).

In a decision of the Full Court of the Federal Court handed down today on another matter, the Court unanimously held that ‘Brown No 2 was wrongly decided and should not be followed’: Beni v Minister for Immigration and Border Protection [2018] FCAFC 228.

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