Maruwapi v Minister for Immigration and Border Protection [2018] FCA 955

FEDERAL COURT OF AUSTRALIA

Maruwapi v Minister for Immigration and Border Protection [2018] FCA 955 File number(s): VID 1416 of 2017

Judge(s): DAVIES J

Date of judgment: 22 June 2018

Catchwords: MIGRATION – Application for an extension of time to seek judicial review of a decision of the Minister under s 501CA(3A) of the Migration Act not to revoke the mandatory cancellation of the applicant's visa – application out of time by 33 days – extension of time opposed on the basis that the applicant's proposed application for judicial review has no prospects of success – visa cancelled under s 501(3A) because a delegate of the Minister was satisfied that the applicant did not pass the character test by reason that the applicant had been convicted of a sexually-based offence involving a child – whether error in decision of the Minister

Legislation: Migration Act 1958 (Cth)

Date of hearing: 12 June 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr CJ Tran

Solicitor for the Respondent: Sparke Helmore Lawyers

ORDERS VID 1416 of 2017

BETWEEN: JERRY NAMA MARUWAPI Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent

JUDGE: DAVIES J DATE OF ORDER: 22 JUNE 2018

THE COURT ORDERS THAT:

1. The application for an extension of time be dismissed. 2. The applicant pay the costs of the respondent, such costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.