LQZW v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 478

FEDERAL COURT OF AUSTRALIA

LQZW v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 478 Review of: Application for extension of time to seek judicial review: LQZW and Minister for Home Affairs (Migration) [2019] AATA 93

File number: NSD 1669 of 2019

Judge: KATZMANN J

Date of judgment: 15 April 2020

Catchwords: MIGRATION — cancellation of visa on character grounds following conviction and sentence for child sexual assault offences committed while applicant himself was a minor — application to Administrative Appeals Tribunal for review of decision of Minister's delegate to refuse to revoke cancellation — whether decision affected by jurisdictional error — whether Tribunal failed to take into account certain integers of claim or relevant considerations — where Direction 65 applied and applicant claimed to be Russian citizen but delegate had found he was a citizen of Azerbaijan and alleged confusion over nationality, whether Tribunal failed to consider extent of impediments faced by applicant if he were removed from Australia or consequences of cancellation decision PRACTICE AND PROCEDURE — application for extension of time to seek judicial review of decision of Tribunal — where delay of several months — whether delay satisfactorily explained — where absence of prejudice and apparently viable case, whether extension of time necessary in the interests of justice

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43(2B) Migration Act 1958 (Cth) ss 476A, 477A, 500(1)(ba), 501(3A), 501(6)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 AUE15 v Minister for Immigration and Border Protection (2016) 239 FCR 148 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088; 197 ALR 389; 73 ALD 321 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; 93 ALJR 629; 367 ALR 695 Gabriel v Minister for Immigration and Border Protection [2015] FCA 474 Hogan v Australian Crime Commission (2010) 240 CLR 651 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 Navoto v Minister for Home Affairs [2019] FCAFC 135 SHKB Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 11 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466