Tran v Minister for Immigration and Border Protection [2014] FCA 533

FEDERAL COURT OF AUSTRALIA

Tran v Minister for Immigration and Border Protection [2014] FCA 533 Citation: Tran v Minister for Immigration and Border Protection [2014] FCA 533

Appeal from: Application for extension of time: Tran and Minister for Immigration and Citizenship [2012] AATA 384

Parties: VINH LUAN TRAN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 2573 of 2013

Judge: WIGNEY J

Date of judgment: 30 May 2014

Catchwords: MIGRATION – application for extension of time to apply for review of a decision of the Administrative Appeals Tribunal – cancellation of applicant's visa on character grounds pursuant to s 501 of the Migration Act 1958 – whether reasonable grounds for 18 month delay in filing application for review – whether the Tribunal made an error of law – whether the findings of the Tribunal were open to it on the evidence – whether the Tribunal had a duty to inquire as to the whereabouts of the applicant's mother

Legislation: Migration Act 1958 (Cth)

Cases cited: Gallo v Dawson (1990) 93 ALR 479 Jess v Scott (1986) 12 FCR 187 Manna v Minister for Immigration and Citizenship [2013] FCA 400 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Plaintiff M90/2009 v Minister for Immigration and Citizenship [2009] HCATrans 279 Sithamparapillai, Ex parte - Re MIMA [2004] HCATrans 364 SZJRV v Minister for Immigration and Citizenship [2008] FCA 298 SZMFT v Minister for Immigration and Citizenship [2008] FCA 1725 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 SZNFR v Minister for Immigration and Citizenship [2009] FCA 851 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867 Vu v Minister for Immigration and Citizenship (2008) 101 ALD 211