DPN22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 997

Federal Court of Australia

DPN22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 997 Review of: Application for extension of time to review decision of the Administrative Appeals Tribunal

File number(s): VID 672 of 2022

Judgment of: MCEVOY J

Date of judgment: 22 August 2023

Catchwords: MIGRATION – application for extension of time pursuant to s 477A of the Migration Act 1958 (Cth) to seek judicial review of decision of the Administrative Appeals Tribunal – where decision of Tribunal was irrational or legally unreasonable – decision did not identify a rational or intelligible basis for not giving any weight to applicant's representations as to family ties in favour of revocation of the mandatory cancellation of applicant's visa pursuant to section 501CA(4)(b)(ii) of the Migration Act 1958 (Cth) – where Minister accepts that Tribunal's approach was affected by jurisdictional error – parties promoted consent orders setting aside Tribunal decision and remitting matter to Tribunal for determination according to law – application granted – orders made by consent.

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

Cases cited: Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 7