ECE21 v Minister for Home Affairs [2023] FCAFC 52

Federal Court of Australia

ECE21 v Minister for Home Affairs [2023] FCAFC 52 Appeal from: ECE21 v Minister for Home Affairs [2021] FCA 1447

File number: WAD 26 of 2022

Judgment of: MORTIMER, COLVIN AND O'SULLIVAN JJ

Date of judgment: 28 March 2023

Catchwords: MIGRATION – application for extension of time – appeal – judicial review – refusal to revoke mandatory cancellation of applicant's visa – likelihood of indefinite detention as a factor to be considered – whether factor clearly arose on the materials before the Minister – extension of time granted – leave to rely on amended proposed notice of appeal – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 197C, 198, 499, 501(3A), 501CA(4), 501G Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth) Report 5 of 2021 [2021] AUPJCHR 43

Cases cited: Al‑Kateb v Godwin [2004] HCA 37; (2004) 219 CLR 562 AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27; (2019) 268 FCR 424 Commonwealth of Australia v AJL20 [2021] HCA 21; (2021) 273 CLR 43 ECE21 v Minister for Home Affairs [2021] FCA 1447 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; (2021) 284 FCR 152 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 35; (2021) 283 FCR 525 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 55; (2021) 285 FCR 463