Federal Court of Australia
Federal Court of Australia
BRO18 v Minister for Home Affairs [2023] FCA 1193 File number: NSD 505 of 2022
Judgment of: RAPER J
Date of judgment: 10 October 2023
Catchwords: MIGRATION – application for extension of time to lodge an application for review of Minister's decision to cancel the applicant's visa – where applicant previously sought an extension of time and was unsuccessful (first decision) – where first decision relied upon authority that was affected by the High Court's decision of Minister for Immigration and Border Protection v Makasa [2021] HCA 1; 270 CLR 430 – application allowed
Legislation: Acts Interpretation Act 1901 (Cth) s 33(1) Migration Act 1958 (Cth) ss 197C, 198(2A), 476A(3)(b), 477A, 477A(1), 477A(2), 501(2), 501(2)(a), 501(2)(b), 501(3), 501(3A), 501(6), 501(6)(a), 501(7), 501(7)(c), 501(7)(d), 501(7A), 501CA, 501CA(4) Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth)
Cases cited: Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 125 AZS21 v Minister for Home Affairs [2021] FCA 392 Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 109 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 BRO18 v Minister for Home Affairs [2020] FCA 688 Brown v Minister for Home Affairs [2018] FCA 1722 Brown v Minister for Immigration and Citizenship [2010] FCAFC 33; 183 FCR 113 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 Graham v Minister for Immigration and Border Protection [2016] FCA 682; 246 FCR 439 Graham v Minister for Immigration and Border Protection [2017] HCA 33; 263 CLR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Jess v Scott (1986) 12 FCR 187 Makasa v Minister for Immigration and Border Protection [2020] FCAFC 22; 376 ALR 191 Minister for Home Affairs v Brown [2020] FCAFC 21; 275 FCR 188 Minister for Immigration and Border Protection v Makasa [2021] HCA 1; 270 CLR 430 Mrayhej v Minister for Immigration and Border Protection (No 2) [2015] FCA 691; 147 ALD 434 MZABO v Minister for Immigration and Border Protection [2016] FCA 980 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 273 CLR 506 Nguyen v Minister for Home Affairs [2019] FCAFC 128; 270 FCR 555 Nominal Defendant v Manning [2000] NSWCA 80; 50 NSWLR 139 Plaintiff M7/2021 v Minister for Home Affairs [2021] HCA 14; 389 ALR 1 Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32; 244 CLR 144 Re Golding [2020] HCA 38; 94 ALJR 1014 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1229 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 Tran v Minister for Immigration and Border Protection [2014] FCA 533 WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929; 192 ALR 71
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