Federal Court of Australia
Federal Court of Australia
Moananu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1146 File number(s): QUD 341 of 2022
Judgment of: MEAGHER J
Date of judgment: 27 September 2023
Catchwords: MIGRATION – application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal – whether Tribunal ought to have exercised its discretion to revoke the mandatory visa cancellation – extent of discretionary power – whether Tribunal failed to take into account relevant considerations – extension of time granted – application dismissed
Legislation: Migration Act 1958 (Cth) 477A, 499(1), 501(3A), 501(6), 501(7), 501CA(4)
Cases cited: Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 295 FCR 315; [2022] FCAFC 125 Bochenski v Minister for Immigration and Border Protection (2017) 250 FCR 209; [2017] FCAFC 68 Gaspar v Minister for Immigration & Border Protection [2016] FCA 1166 Hong v Minister for Immigration and Border Protection (2019) 269 FCR 47; [2019] FCAFC 55 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 176 Moananu and Minister for Immigration, Citizenship and Multicultural Affairs (Migration) [2022] AATA 2869 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585; [2015] FCA 1391 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 SZUTY v Minister for Immigration and Border Protection (No 2) [2016] FCA 289 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 187; [2021] FCAFC 125 Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112; [2014] FCA 674 XXBN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 74
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