Federal Court of Australia
Federal Court of Australia
JJNY v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1239 Review of: Application for judicial review of Administrative Appeals Tribunal decision delivered on 27 January 2021 by Deputy President J Sosso
File number(s): VID 293 of 2021
Judgment of: ROFE J
Date of judgment: 18 October 2022
Catchwords: MIGRATION – application for extension of time to seek judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate's decision not to revoke a visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) (the Act) – where application filed approximately three months out of time due to administrative error relating to applicant's location at Yongah Hill Immigration Detention Centre – held: application for extension of time granted MIGRATION – cancellation of visa under s 501(3A) by delegate of Minister – judicial review of Tribunal's decision to affirm delegate's decision – where applicant alleges the Tribunal misconstrued the non-refoulement and complementary protection obligations owed under the Act – held: application dismissed
Legislation: Migration Act 1958 (Cth) Migration Amendment (Complementary Protection) Act 2011 (Cth)
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 91
Date of hearing: 1 December 2021
Counsel for the Applicant: D Gang
Counsel for the First Respondent: A Yuile
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