Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tuala v Minister for Home Affairs [2019] FCA 345 File number: NSD 1149 of 2018
Judge: FLICK J
Date of judgment: 15 March 2019
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time – lack of merit in proposed grounds of review – extension of time refused MIGRATION – whether weight given to risk of re-offending prevails over best interests of the children ADMINISTRATIVE LAW – need for path of reasoning to be transparent – reasoning exposes weight given to competing interests – decision not unreasonable
Legislation: Migration Act 1958 (Cth) ss 477A, 501, 501CA
Cases cited: BSJ16 v Minister for Immigration and Border Protection [2017] FCAFC 78, (2017) 252 FCR 82 Folau v Minister for Immigration and Border Protection [2017] FCAFC 214, (2017) 256 FCR 455 Khan v Minister for Immigration & Ethnic Affairs [1987] FCA 713 Maere v Minister for Home Affairs [2018] FCA 1694 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 83 ALJR 1123 Minister for Immigration and Multicultural Affairs v Anthonypillai [2001] FCA 274, (2001) 106 FCR 426 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54, (2015) 230 FCR 367 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38, (2014) 220 FCR 1 Swift v SAS Trustee Corporation [2010] NSWCA 182, (2010) 6 ASTLR 339 Tewao v Minister for Immigration and Citizenship [2012] FCAFC 39, (2012) 126 ALD 185
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