Main v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 446

Federal Court of Australia

Main v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 446 File number(s): NSD 749 of 2022

Judgment of: ABRAHAM J

Date of judgment: 11 May 2023

Catchwords: MIGRATION – application for extension of time to apply for judicial review of decision of the Minister for Home Affairs – where Minister cancelled the visa of the applicant – whether legal unreasonableness or illogical or irrational reasoning in relation to findings as to the applicant's rehabilitation and risk of harm – whether Minister made findings for which there was no evidence in evaluating the impediments that would be faced by applicant if removed to the USA or whether same was vitiated by legal unreasonableness or illogical or irrational reasoning – extension of time granted – application allowed and decision of Minister quashed

Legislation: Migration Act 1958 (Cth) s 501(2) Crimes (Administration of Sentences) Act 1999 (NSW) s 135 Crimes Act 1900 (NSW) s 19 Sentencing Act 1989 (NSW)

Cases cited: CKL21 v Minister for Home Affairs [2022] FCAFC 70; (2022) 401 ALR 647 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Minister for Home Affairs v DUA16 [2020] HCA 46; (2020) 271 CLR 550 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 395 ALR 403 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 177 ALD 464 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Parker v The Queen [2002] FCAFC 133 R v Main [2008] NSWSC 692 R v Main [2009] NSWCCA 14