Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Engi v Minister for Home Affairs [2019] FCA 1081 File number: NSD 2408 of 2018
Judge: MARKOVIC J
Date of judgment: 11 July 2019
Catchwords: MIGRATION – application for extension of time – where the Administrative Appeals Tribunal (Tribunal) overturned a decision of a delegate of the Minister not to revoke a decision cancelling the applicant's visa – where the Minister decided pursuant to s 501BA of the Migration Act 1958 (Cth) (Act) to set aside the Tribunal's decision and cancel the visa – where there was a delay of 50 days in the applicant's application for judicial review – whether there was an adequate explanation for the delay – whether the notification letter sent pursuant to s 501G was valid – whether the grounds raised in the draft originating application have any prospects of success – application dismissed
Legislation: Migration Act 1958 (Cth) ss 477A, 501(6)-(7), 501BA, 501G
Cases cited: Anaki v Minister for Immigration and Border Protection [2018] FCA 77 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DOB18 v Minister for Home Affairs [2019] FCAFC 63 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 O'Reilly v Commissioners of State Bank of Victoria (1983) 153 CLR 1 Rere v Minister for Immigration and Border Protection [2018] FCA 846 Tewao v Minister for Immigration and Citizenship (2012) 126 ALD 185; [2012] FCAFC 39
Date of hearing: 4 June 2019
Date of last submissions: 7 June 2019 (Applicant)
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