Lesianawai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 896

Federal Court of Australia

Lesianawai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 896 Review of: Application for an extension of time to review the Administrative Appeals Tribunal orders made on 8 November 2018

File number: NSD 227 of 2021

Judgment of: MCKERRACHER J

Date of judgment: 4 August 2021

Catchwords: MIGRATION – application for an extension of time to review a decision made by the Administrative Appeals Tribunal under s 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth) – where the applicant's visa was cancelled by a delegate of the Minister under s 501(2) of the Migration Act 1958 (Cth) – where the application for review to the Tribunal was brought five years after the delegate's decision and failed to comply with s 500(6B) of the Migration Act – where the applicant is two years out of time in seeking judicial review – whether it is necessary in the interests of the administration of justice to grant an extension of time

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25(1), 42A(4), 44, Pt IVA Migration Act 1958 (Cth) ss 474(2), 474(3)(i), 476A, 476A(1), 476A(1)(b), 477A(1), 477A(2), 500(1)(b), 500(6B), 501, 501(2), 501G, 501G(1), 501G(1)(c), 501G(1)(d), 501G(1)(f)(i), 501G(1)(f)(ii), 501G(1)(f)(iv), 501G(1)(f)(v), 501G(3) Migration Regulations 1994 (Cth) regs 2.55(3)(c), 2.55(4)

Cases cited: DLE16 v Minister for Home Affairs [2019] FCA 136 Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment [1984] FCA 186; (1984) 3 FCR 344 Lesianawai v Minister for Home Affairs [2019] AATA 2947 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minster for Immigration and Border Protection [2016] FCAFC 110; (2016) 152 ALD 478 Parker v The Queen [2002] FCAFC 133