Sil v Commonwealth of Australia [2023] FCAFC 73

Federal Court of Australia

Sil v Commonwealth of Australia [2023] FCAFC 73 Appeal from: Sil v Commonwealth of Australia [2022] FCA 920

File number: SAD 154 of 2022

Judgment of: RARES, O'SULLIVAN AND FEUTRILL JJ

Date of judgment: 11 May 2023

Catchwords: MIGRATION – application for extension of time to appeal – judicial review and negligence – where Department made false representation to visa holder as to how long visa that expired on stated date would remain in force beyond expiry date after visa holder first entered Australia – where visa holder's compensation application for detriment caused by defective administration rejected – where visa holder sought judicial review of rejection of claim for compensation and sued in negligence based on false representation about visa expiry date – where primary judge made credibility based findings that visa holder not rely on false representation to dismiss negligence claim – where primary judge not satisfied any jurisdictional error in decision refusing claim for compensation – whether any reason to doubt correctness of primary judge's decision – Held: application dismissed

Legislation: Migration Regulations 1994 (Cth) Sch 2 cl 489.55(1), Sch 8 visa condition 8504

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Bienstein v Bienstein (2003) 195 ALR 225 FFM20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 286 FCR 405 Jackamarra v Krakouer (1998) 195 CLR 516 Lee v Lee (2019) 266 CLR 129 Regina v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087 Sil v Commonwealth v Australia [2022] FCA 920