Federal Court of Australia
Federal Court of Australia
BTJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1428 Review of: Administrative Appeals Tribunal Decision dated 13 October 2021
File number: QUD 371 of 2021
Judgment of: RANGIAH J
Date of judgment: 29 November 2022
Catchwords: PRACTICE AND PROCEDURE – whether applicant should be granted leave to re-open case to raise a new ground after conclusion of final hearing and judgment reserved – application for judicial review of Tribunal's decision not to revoke cancellation of applicant's visa –where applicant's criminal convictions set aside after judgment was reserved – where interests of justice favour granting applicant leave to re-open his case
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) ss 500(1)(ba), 501(3A), 501CA(4) Federal Court Rules 2011 (Cth) r 4.12 Criminal Code 1899 (Qld) s 408C(1)(b) Justices Act 1886 (Qld) s 145
Cases cited: Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 34
Date of last submission: 23 May 2022 (Applicant) 6 June 2022 (First Respondent)
Date of hearing: 28 April 2022
Date of interlocutory application: Decided on the papers
Counsel for the Applicant: Mr D Taylor with Ms N Harendran
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