Federal Court of Australia
Federal Court of Australia
CWE22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1461 File number: NSD 656 of 2022
Judgment of: WIGNEY J
Date of judgment: 7 December 2022
Catchwords: MIGRATION – Minister's failure or refusal to make decision in respect of applicant's visa application within a reasonable time – applicant charged with relatively minor conduct – visa application refused on character grounds pursuant to s 501(1) of Migration Act 1958 (Cth) – that decision set aside by Administrative Appeals Tribunal and remitted to Minister with a direction as to non-applicability of s 501(6)(d)(i) in respect of character finding – bureaucratic dance ensued over 18-month period – consideration of decision-making framework for protection visas under Migration Act 1958 (Cth) – finding that delay of over four years since initial visa application was and is unreasonable – no justification for delay established by Minister in the sense discussed in Thornton v Repatriation Commission (1981) 52 FLR 28 – writ of mandamus to issue compelling Minister to perform duty in respect of applicant's visa application – Minister to pay applicant's costs
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(1B), 36(1C), 36(1C)(b), 36(2), 36(2C), 36(2C)(b)(ii), 36A, 65, 501, 501(1), 501(6)(d)(i), 501A
Cases cited: AQM18 v Minister for Immigration and Border Protection (2019) 268 FCR 424; [2019] FCAFC 27 ASP15 v Commonwealth (2016) 248 FCR 372; [2016] FCAFC 145 Bidjara Aboriginal Housing & Land Company Ltd v Indigenous Land Corporation (2001) 106 FCR 203 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 KDSP v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs (2021) 95 ALJR 666; [2021] HCA 24 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590; [2021] HCA 17 Oliveira v The Attorney General (Antigua and Barbuda) [2016] UKPC 24 Plaintiff S297/2013 v Minister for Immigration and Border Protection (2014) 255 CLR 179; [2014] HCA 24 Re Australian Bank Employees' Union; Ex Parte Citicorp Australia Ltd (1989) 167 CLR 513; [1989] HCA 41 Thornton v Repatriation Commission (1981) 52 FLR 285
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