Cayzer v Minister for Immigration and Border Protection [2017] FCA 1189

FEDERAL COURT OF AUSTRALIA

Cayzer v Minister for Immigration and Border Protection [2017] FCA 1189 File number(s): TAD 23 of 2017

Judge(s): KERR J

Date of judgment: 29 September 2017

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to file an originating application for review of a migration decision – application for review previously made and fully determined adversely to the Applicant – new grounds capable of having been advanced in previous proceedings – no acceptable explanation for delay provided – availability of Anshun estoppel in public law – Applicant's grounds not established to have good prospects of success – no exceptional circumstances – application dismissed

Legislation: Migration Act 1958 (Cth), ss 477A, 486A(2), 501(2), 501(3) Migration Reform (Transitional Provisions) Regulations 1994 International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 art 12(4) (entered into force 23 March 1976)

Cases cited: AYX15 v Minister for Immigration and Border Protection [2017] FCA 1037 Cayzer v Minister for Immigration and Border Protection [2014] FCA 1166 Cayzer v Minister for Immigration and Border Protection [2016] FCAFC 176 Cayzer v Minister for Immigration and Border Protection and Anor [2017] HCASL 117 Cayzer v Minister for Immigration and Border Protection (No 2) [2014] FCA 1283 Cayzer v Minister for Immigration and Border Protection (No 3) [2016] FCA 806; (2016) 242 FCR 169 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; (1992) 176 CLR 1 Director of Public Prosecutions v Kaba [2014] VSC 52; (2014) 44 VR 526 Kong v Minister for Immigration and Citizenship [2011] FCA 1345; (2011) 199 FCR 375 Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1 Minister of State for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 Pochi v Macphee [1982] HCA 60; (1982) 151 CLR 101 Premalal v Minister for Immigration, Local Government and Ethnic Affairs [1993] FCA 122; (1993) 41 FCR 117 Re Woolley; Ex parte M276/2003 [2004] HCA 49; (2004) 225 CLR 1 Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72; (2003) 218 CLR 28 Swanton v Military Rehabilitation and Compensation Commission [2017] FCA 1142 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 59 ALJR 481 Vella v Minister for Immigration and Border Protection [2015] HCA 42; (2015) 90 ALJR 89 Human Rights Committee, Views: Communication No. 1557/2007, 102nd sess, UN Doc CCPR/C/102/D/1557/2007 (18 July 2011) ('Nystrom v Australia')