Federal Court of Australia
Federal Court of Australia
DFE16 v Minister for Home Affairs [2021] FCA 1151 File number: NSD 517 of 2021
Judgment of: NICHOLAS J
Date of judgment: 24 September 2021
Catchwords: MIGRATION – application for relief pursuant to s 39B of the Judiciary Act 1903 (Cth) – whether Minister's decision to grant or refuse a protection visa has been subject of unreasonable delay – where applicant's partner visa cancelled and subsequent protection visa application refused – where Minister invited applicant to make a further application for a protection visa under s 48B of the Migration Act 1958 (Cth) – where applicant was subject to an Adverse Security Assessment at time he lodged application in response to Minister's invitation – where ASIO subsequently performed a new security assessment and issued a Qualified Security Assessment and accompanying Statement of Grounds with respect to the applicant – where efforts to access Statement of Grounds have been impacted by travel restrictions imposed as a result of COVID-19 outbreak – whether delay of approximately 16 months unreasonable Held: delay not unreasonable – application for mandamus and related declaratory relief dismissed
Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) s 4 Judiciary Act 1903 s 39B Migration Act 1958 (Cth) ss 5, 36, 47, 65, 501
Cases cited: AFX17 v Minister for Home Affairs [2020] FCA 807 AQM18 v Minister for Immigration and Border Protection (2019) 268 FCR 424 ASP15 v Commonwealth of Australia (2016) 248 FCR 372 BFM16 v Minister for Immigration and Border Protection [2016] FCA 1530 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 P&C Canterella Pty Ltd v Egg Marketing Board (NSW) [1973] 2 NSWLR 366 Plaintiff S297/2013 v Minister for Immigration and Border Protection (2014) 255 CLR 179 R v Building Controller; Ex parte Marinov (1981) 36 ACTR 13 Thornton v Repatriation Commission (1981) 52 FLR 285 Aronson M, Groves M and Weeks G, Judicial Review of Administrative Action and Government Liability (6th ed, Thomson Reuters, 2017)
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