Qalovaki v Minister for Immigration and Border Protection [2021] FCA 1058

Federal Court of Australia

Qalovaki v Minister for Immigration and Border Protection [2021] FCA 1058 File number(s): NSD 345 of 2021

Judgment of: STEWART J

Date of judgment: 1 September 2021

Catchwords: MIGRATION – application for an extension of time to file an originating application to review a migration decision – where application was filed more than three years late – where applicant has an extensive, serious and violent criminal history – where applicant was incarcerated and is now in immigration detention – where applicant's visa was mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where applicant was unrepresented before the Tribunal and before this Court – whether it is established that it is in the interests of the administration of justice for time to be extended – whether the prospective review application has any prospects of success – application dismissed

Legislation: Migration Act 1958 (Cth) ss 477A, 499, 501(3A), 501(6)(a), 501(7)(c), 501CA(4)

Cases cited: SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284; 236 FCR 442

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 28

Date of hearing: 31 August 2021

Counsel for the Applicant: The applicant appeared in person

Solicitor for the First Respondent: J Xiao of Clayton Utz

ORDERS NSD 345 of 2021

BETWEEN: JOSAIA QALOVAKI Applicant AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent