BDXN v Minister for Home Affairs [2023] FCA 951

Federal Court of Australia BDXN v Minister for Home Affairs [2023] FCA 951 Appeal from: Application for extension of time for judicial review of Minister's decision

File number: QUD 409 of 2021

Judgment of: RANGIAH J

Date of judgment: 15 August 2023

Catchwords: MIGRATION – Migration Act 1958 (Cth) – application for extension of time for judicial review of decision made under s 501CA(4) – where application 12 months out of time – whether adequate explanation for delay – where no reasonable prospects of success – application dismissed EVIDENCE – leave sought to adduce further affidavits – leave granted

Legislation: Migration Act 1958 (Cth) ss 476A, 477(3)(d), 477A, 501(3A) and 501CA(4)

Cases cited: Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32; (2020) 383 ALR 194 ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 Minister for Immigration and Citizenship v Administrative Appeals Tribunal (2013) 214 FCR 10 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MZZIV v Minister for Immigration and Border Protection [2013] FCA 1203 NRFX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 21 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Pohahau v Minister for Home Affairs [2019] FCA 1243 Smith v Minister for Home Affairs [2018] FCA 1594 SZTDC v Minister for Immigration and Border Protection [2014] FCA 1298 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; (2022) 96 ALJR 819