BRO18 v Minister for Home Affairs [2020] FCA 688

FEDERAL COURT OF AUSTRALIA

BRO18 v Minister for Home Affairs [2020] FCA 688 File number: WAD 135 of 2018

Judge: BANKS-SMITH J

Date of judgment: 22 May 2020

Catchwords: MIGRATION - application for extension of time to lodge an application for review of decision of the Minister to cancel visa on character grounds - where outcome deferred pending decisions in relevant appeals - applicant's visa cancelled under s 501(2) of the Migration Act 1958 (Cth) - substantial criminal record including offences against partner - whether Minister took into account prospects of rehabilitation, the interests of the applicant's children and Australia's non-refoulement obligations - prospect of success of proposed grounds of review insufficient to warrant grant of extension of time

Legislation: Migration Act 1958 (Cth) ss 476A, 477A, 501

Cases cited: AQM18 v Minister for Immigration and Border Protection [2018] FCA 944 AQM18 v Minister for Immigration and Border Protection [2019] FCAFC 27; (2019) 268 FCR 424 Brown v Minister for Home Affairs [2018] FCA 1722 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Makasa v Minister for Immigration and Border Protection [2018] FCA 1639 Makasa v Minister for Immigration and Border Protection [2020] FCAFC 22 Minister for Home Affairs v Brown [2020] FCAFC 21 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Renzullo v Assistant Minister for Immigration and Border Protection [2016] FCA 412 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86