Federal Court of Australia
Federal Court of Australia
Fonoti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1553 Appeal from: Application for extension of time to appeal from Fonoti and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 866
File number(s): QUD 277 of 2021
Judgment of: SC DERRINGTON J
Date of judgment: 10 December 2021
Catchwords: MIGRATION – application for leave to extend time to file originating application for judicial review of decision of the Administrative Appeals Tribunal to affirm delegate's decision not to revoke mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – where Minister did not oppose application for extension of time – whether Court nevertheless satisfied that extension was necessary in the interests of the administration of justice
Legislation: Migration Act 1958 (Cth) ss 477A, 499(1), 499(2A), 501(3A), 501(6), 501(7), 501CA
Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69 CGQ15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DTCB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1098 HVLC v Minister for Home Affairs [2019] FCAFC 204 LQZW v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 478 Matthews v Minister for Home Affairs [2020] FCAFC 146 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110; 152 ALD 478 Pallas v Minister for Home Affairs [2019] FCAFC 149
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