NLJV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 844

Federal Court of Australia

NLJV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 844 Application for extension of time: NLJV and Minister for Home Affairs (Migration) [2019] AATA 3646

File number: NSD 20 of 2023

Judgment of: KATZMANN J

Date of judgment: 24 July 2023

Catchwords: MIGRATION– application for an extension of time for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision not to revoke cancellation of applicant's visa – where applicant had previously sought review of Tribunal decision and that application had been dismissed – where applicant failed to disclose the earlier proceeding, whether application incompetent – whether application an abuse of process

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules 2011 (Cth) rr 31.22(1), 36.03(a) Migration Act 1958 (Cth) ss 486D(2), 496, 499, 501(3A), 501(6), 501CA(4) Direction no. 79 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA

Cases cited: Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 DHS17 v Assistant Minister for Immigration and Border Protection (2018) 267 FCR 411 DHS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 311 TCWY v Minister for Immigration and Border Protection [2018] FCA 804 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507 USB AG v Tyne (2018) 265 CLR 77 Van Gorp v Davy [2023] NSWCA 43