Federal Court of Australia
Federal Court of Australia
QSBL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 78 Appeal from: QSBL and Minister for Home Affairs (Migration) [2018] AATA 2074 (2 July 2018)
File number: VID 621 of 2020
Judgment of: SNADEN J
Date of judgment: 10 February 2021
Catchwords: MIGRATION – application for extension of time to seek review of a decision of the Administrative Appeals Tribunal (AAT) – AAT affirmed a decision of the Minister's delegate to refuse to cancel the applicant's visa – decision to cancel visa on character grounds – whether there was reason to revoke the cancellation – whether the AAT decision was or was arguably a product of jurisdictional error – whether the delay in challenging the AAT's decision was reasonably excused – whether proposed application has merit – application dismissed
Legislation: Migration Act 1958 (Cth) – ss 36, 476A, 477A, 500, 501 and 501CA
Cases cited: Ashraf v Minister for Immigration and Border Protection (2018) 261 FCR 97 BAO15 v Minister for Immigration and Border Protection (2016) 151 ALD 352 BYY15 v Minister for Immigration and Border Protection [2018] FCA 116 DQM18 v Minister for Home Affairs [2020] FCAFC 110 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v BHA17 (2018) 260 FCR 523 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 144 FCR 1 Navoto v Minister for Home Affairs [2019] FCAFC 135 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCA 985 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZSPR v Minister for Immigration and Border Protection and Another (2013) 139 ALD 109 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86
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