Tuberi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1029

FEDERAL COURT OF AUSTRALIA

Tuberi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1029 File number: VID 29 of 2020

Judge: STEWARD J

Date of judgment: 23 July 2020

Catchwords: MIGRATION – application for an extension of time to seek judicial review of a decision of the Minister not to revoke a visa cancellation – where applicant's visa cancelled on character grounds – where applicant has substantial criminal record – whether Minister failed to complete his task, erred in failing to take into account relevant considerations and took account of irrelevant considerations and engaged in illogical reasoning – whether Minister reached a conclusion that was legally unreasonable

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

Cases cited: Assistant Minister for Immigration and Border Protection v. Splendido [2019] FCAFC 132 BHL19 v. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 BSJ16 v. Minister for Immigration and Border Protection (2017) 252 F.C.R. 82 DFW18 v. Minister for Home Affairs [2019] FCA 599; (2019) 165 A.L.D. 259 Guo v. Minister for Immigration and Border Protection [2018] FCAFC 34 Hands v. Minister for Immigration and Border Protection (2018) 267 F.C.R. 628 Minister for Home Affairs v. Buadromo (2018) 267 F.C.R. 320 Minister for Home Affairs v. Omar [2019] FCAFC 188; (2019) 373 A.L.R. 569 Minister for Immigration and Border Protection v. Maioha (2018) 267 F.C.R. 643 Minister for Immigration and Border Protection v. SZVFW (2018) 264 C.L.R. 541 Minister for Immigration and Citizenship v. Li (2013) 249 C.L.R. 332 Singh v. Minister for Immigration and Border Protection [2017] FCA 150 SZTRY v. Minister for Immigration and Border Protection [2015] FCAFC 86