Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Home Affairs [2020] FCA 1261 Appeal from: Application for extension of time: FTDN and Minister for Home Affairs [2019] AATA 1301
File number: WAD 553 of 2019
Judgment of: JACKSON J
Date of judgment: 1 September 2020
Catchwords: PRACTICE AND PROCEDURE - application for extension of time to apply for judicial review of decision of the Administrative Appeals Tribunal - explanation for delay adequate in circumstances - consideration of merits of proposed application for judicial review - no identifiable grounds for review advanced by applicant - no error apparent on the face of Tribunal decision - application dismissed
Legislation: Migration Act 1958 (Cth) ss 256, 474, 477A, 499, 501, 501CA Ministerial Direction No 79 - Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA (Cth)
Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 Fang v Minister for Immigration & Ethnic Affairs (1996) 64 FCR 245 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202; (2019) 168 ALD 1 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476 SZSPI v Minister for Immigration and Border Protection [2014] FCAFC 140; (2014) 233 FCR 279
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