Contreras v Minister for Immigration and Border Protection [2014] FCA 1381

FEDERAL COURT OF AUSTRALIA

Contreras v Minister for Immigration and Border Protection [2014] FCA 1381 Citation: Contreras v Minister for Immigration and Border Protection [2014] FCA 1381

Appeal from: Application for extension of time to appeal: Contreras v Minister for Immigration and Border Protection [2014] FCA 912

Parties: HENRY CONTRERAS v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 556 of 2014

Judge: BEACH J

Date of judgment: 11 December 2014

Catchwords: MIGRATION – extension of time application to appeal against decision of single judge of the Federal Court of Australia – dismissal of application for judicial review of Administrative Appeals Tribunal decision to affirm cancellation of applicant's visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – whether the Tribunal failed to comply with Ministerial Direction 55 given by the Minister under s 499 – balancing exercise required by cl 7(1)(b) of the Direction – whether the Tribunal committed jurisdictional error – adequate reasons for delay – arguable grounds of appeal – extension of time granted

Legislation: Direction No 55 – Direction Under Section 499 of the Migration Act 1958 (Cth) cll 6.3(3)-(4), 7, 8, 9, 10 Federal Court of Australia Rules 2011 (Cth) rr 4.12, 36.03(a), 36.05 Migration Act 1958 (Cth) ss 499, 501(2), (6)-(7)

Cases cited: Minister for Immigration and Border Protection v Lesianawai [2014] FCAFC 141 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Williams v Minister for Immigration and Border Protection (2014) 142 ALD 76 Williams v Minister for Immigration and Citizenship (2013) 136 ALD 299