CJD23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1218

Federal Court of Australia

CJD23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1218 Appeal from: Decision of the Administrative Appeals Tribunal dated 21 November 2022

File number(s): NSD 665 of 2023

Judgment of: JACKMAN J

Date of judgment: 12 October 2023

Catchwords: MIGRATION – application for extension of time to seek review of a decision of the Administrative Appeals Tribunal (Tribunal) refusing to revoke the cancellation of the applicant's visa – where there is sufficient explanation for the operative delay – merits of the applicant's case for judicial review – whether the Tribunal made a finding of fact for which there was no evidence in incorrectly stating that the New South Wales Court of Criminal Appeal had increased the applicant's sentence on appeal – that finding was not a critical step in the Tribunal's reasoning – whether the Tribunal failed to consider persecutory harm in circumstances where there will likely be a separate application for a protection visa – whether there was a failure to consider the likelihood of the applicant engaging in further criminal conduct – application dismissed

Legislation: Migration Act 1958 (Cth) ss 197C, 476A, 477A, 499, 501, 501CA

Cases cited: Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231

Division: General Division

Registry: New South Wales