Federal Court of Australia
Federal Court of Australia Fuller v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 65 Appeal from: Application for extension of time: GSMY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 263
File number: WAD 147 of 2022
Judgment of: JACKSON J
Date of judgment: 8 February 2023
Catchwords: MIGRATION - application for extension of time for judicial review - decision of Administrative Appeals Tribunal - jurisdictional error - interests of the administration of justice - factors for consideration in extension of time application - applicant's ties to Australia and length of time spent in Australia - Administrative Appeals Tribunal's consideration adequate - no reasonable prospects of success - application dismissed
Legislation: Migration Act 1958 (Cth) ss 474, 476A, 477A, 499, 501, 501CA
Cases cited: BHK15 v Minister for Immigration and Border Protection [2016] FCA 569 Khalil v Minister for Home Affairs [2019] FCAFC 151; (2019) 271 FCR 326 KXXH v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 111 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Nahi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 29 Nathanson v Minister for Home Affairs [2022] HCA 26 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1077 Onyebuchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1183 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28
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