WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19

Federal Court of Australia

WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19 Appeal from: WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 856

File number: WAD 163 of 2020

Judgment of: KATZMANN, O'BRYAN AND JACKSON JJ

Date of judgment: 25 February 2021

Catchwords: MIGRATION — appeal from decision to dismiss an application for an order in the nature of certiorari to quash an order of the Federal Circuit Court refusing an application for an extension of time to seek judicial review under s 477(2) of Migration Act 1958 (Cth) — where judgment of the Federal Circuit Court reserved for nearly five years but delay had no operative effect on judgment, whether primary judge erred in failing to find that delay of this magnitude is sufficient to give rise to jurisdictional error — whether jurisdictional error because Federal Circuit Court judge failed to take into account his own delay in deciding he was not satisfied it was necessary in the interests of the administration of justice to make the order

Legislation: Federal Circuit Court of Australia Act 1999 (Cth) ss 11, 12, 42 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 477

Cases cited: AUK15 v Minister for Immigration and Border Protection & Anor [2016] HCATrans 36 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Craig v The State of South Australia (1995) 184 CLR 163 CXK17 v Judge of the Federal Circuit Court of Australia [2019] FCA 2089 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127; 382 ALR 246 DMI16 v Federal Circuit Court of Australia (2018) 264 FCR 454 Huynh v Federal Circuit Court of Australia [2019] FCA 891 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTSU v Federal Circuit Court of Australia [2015] FCA 224 SZTSU v Federal Circuit Court of Australia [2015] FCAFC 129 SZTUT v Minister for Immigration and Border Protection & Anor [2016] HCATrans 150 SZUWX v Minister for Immigration and Border Protection (2016) 238 FCR 456 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 WZASX v Minister for Immigration and Border Protection [2017] FCA 1415