Guo v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1585

FEDERAL COURT OF AUSTRALIA

Guo v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1585 ADMINISTRATIVE LAW – Migration – Application filed in the Administrative Appeals Tribunal for review of decision of delegate of Minister to refuse visa – Application dismissed for failure to appear – After delay of six years applicant sought reinstatement of his application for review – Whether original application for review was 'dismissed in error' – Application to Tribunal for extension of time in which to make fresh application for review – Whether a decision on an application for extension of time to apply for review of a visa application can be regarded as an 'action concerning children' – Whether Tribunal failed to have regard to interests of applicant's children as a primary consideration – Whether Tribunal's decision affected by error of law in relation to applicant's ability to make a fresh visa application.

Administrative Appeals Tribunal Act 1975 (Cth) ss 29(7), 42A(10) Migration Act 1958 (Cth) s 501E Convention on the Rights of the Child Article 3(1) Brehoi v Minister for Immigration and Multicultural Affairs (1999) 58 ALD 385 not followed Goldie v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 121 FCR 383 applied Browne v Minister for Immigration and Multicultural Affairs (1998) 52 ALD 550 followed in part and distinguished in part Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 discussed QI GUANG GUO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND ADMINISTRATIVE APPEALS TRIBUNAL NSD 1253 of 2004 WILCOX J 10 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1253 of 2004

BETWEEN: QI GUANG GUO

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS