Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Graff v Minister for Immigration and Border Protection [2014] FCA 1125 Citation: Graff v Minister for Immigration and Border Protection [2014] FCA 1125
Parties: JULIUS GRAFF v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number: NSD 553 of 2014
Judge: KATZMANN J
Date of judgment: 21 October 2014
Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file application for review of migration decision under s 476A of the Migration Act 1958 (Cth) – delay of two months – whether delay adequately explained – whether Court satisfied that it is necessary in the interests of the administration of justice to make an order extending the period MIGRATION – decision made personally by Minister to cancel applicant's Class TY, Subclass 444 Special Category visa under s 501 of the Migration Act 1958 (Cth) – Minister described applicant's criminal conduct as "repugnant" and "abhorrent" – whether Minister's use of this language demonstrated that Minister exercised power under s 501 of the Act for an unlawful punitive purpose
Legislation: Migration Act 1958 (Cth), ss 476, 477, 501
Cases cited: Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1 Djalic v Minister for Immigration and Multicultural Affairs (2004) 139 FCR 292 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Plaintiff S157 v Commonwealth of Australia (2003) 211 CLR 476 R v Graff [2001] NSWCCA 3
Date of hearing: 21 October 2014
Place: Sydney
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