AZS21 v Minister for Home Affairs [2021] FCA 392

Federal Court of Australia

AZS21 v Minister for Home Affairs [2021] FCA 392 File number(s): NSD 1105 of 2020

Judgment of: PERRY J

Date of judgment: 20 April 2021

Catchwords: MIGRATION – application for extension of time under s 477A(2) of the Migration Act 1958 (Cth) within which to seek judicial review of the Minister's decision under s 501CA(4) of the Migration Act 1958 (Cth) – inadequate explanation for delay of approximately 8 months – whether Minister under obligation to consider the sufficiency of the applicant's representations having regard to the context in which they were prepared, namely, without professional assistance or legal training – where judicial review application would not have reasonable prospects of success – application for extension of time dismissed

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

Cases cited: AXT19 v Minister for Home Affairs [2020] FCAFC 32 FCFY v Minister for Home Affairs [2019] FCA 1222 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55; (2019) 269 FCR 47 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jamal v Secretary of Social Services [2017] FCA 916 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198; (2018) 267 FCR 492 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Paduano v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 211; (2005) 143 FCR 204 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; (2018) 263 FCR 531