Federal Court of Australia
Federal Court of Australia
Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1000 File numbers: NSD 1812 of 2019 NSD 1195 of 2020
Judgment of: NICHOLAS J
Date of judgment: 24 August 2021
Catchwords: MIGRATION – application for extension of time – where application filed approximately three weeks out of time – whether proposed ground of review has merit – whether the respondent's consideration of unresolved criminal charges against the applicant violated the presumption of innocence – application for extension of time dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Circuit Court of Australia Act (1999) (Cth) s 39(1) Migration Act 1958 (Cth) s 476A, 477A(1), 501(3), 501(6)(b)
Cases cited: Dalla v Minister for Immigration and Border Protection [2016] FCA 998 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Ngaronoa v Minister for Immigration and Citizenship [2007] FCA 1565 Ngaronoa v Minister for Immigration and Citizenship (2007) 244 ALR 119 Parker v Minister for Immigration and Border Protection [2016] FCA 938 SZRTN v Minister for Immigration and Border Protection [2014] FCA 303
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 33
Date of last submission: 23 March 2021
Date of hearing: 8 October 2020
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