Young (by his litigation representative Price) v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 292

Federal Court of Australia

Young (by his litigation representative Price) v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 292 File number: WAD 137 of 2022

Judgment of: JACKSON J

Date of judgment: 6 April 2023

Catchwords: MIGRATION - cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) - judicial review of decision not to revoke cancellation made by Minister personally - applicant convicted of serious sexual offences against children - applicant's physical and mental state declined between sentencing date and Minister's decision to cancel visa - Minister exercised statutory power irrationally and unreasonably - Minister failed to consider representations about applicant's physical and mental condition in assessing risk of reoffending - jurisdictional error found PRACTICE AND PROCEDURE - application for extension of time to apply for judicial review - application filed 11 months outside time limit - serious risk of injustice if application refused - necessary in interests of administration of justice to extend time - death of applicant notified to Court immediately prior to delivery of judgment - parties to propose appropriate orders

Legislation: Migration Act 1958 (Cth) ss 477A, 499, 501, 501CA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83; (2015) 231 FCR 513 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 CKL21 v Minister for Home Affairs [2022] FCAFC 70 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; (2022) 289 FCR 21 ECE21 v Minister for Home Affairs [2023] FCAFC 52 Fuller v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 65 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 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 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 Vo v Minister for Home Affairs [2019] FCAFC 108; (2019) 269 FCR 566