Wood v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 566

FEDERAL COURT OF AUSTRALIA

Wood v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 566 File number: QUD 774 of 2019

Judge: LOGAN J

Date of judgment: 26 March 2020

Catchwords: MIGRATION – where applicant's visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) (the Act) – where Minister refused to revoke visa cancellation decision under s 501CA(4) of the Act – whether application for an extension of time within which to file originating application should be granted – whether Minister's decision was arbitrary, capricious and legally unreasonable

Legislation: Constitution Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 AZAFQ v Minister for Immigration and Border Protection (2016) 243 FCR 451 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Ham v Tax Practitioners Board (2018) 108 ATR 869 Khalil v Minister for Home Affairs (2019) 372 ALR 424 Love v Commonwealth of Australia [2020] HCA 3 Minister for Immigration and Border Protection v Haq (2019) 365 ALR 202 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Moana v Minister for Immigration and Border Protection (2016) 230 FCR 367 Nolan v Minister for Immigration & Ethnic Affairs (1988) 165 CLR 178 Re Patterson; Ex Parte Taylor (2001) 207 CLR 391 Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28