PGDX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1259

Federal Court of Australia

PGDX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1259 Appeal from: Application for extension of time to appeal from: PGDX and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 1034 (5 May 2022)

File number(s): VID 42 of 2023

Judgment of: HESPE J

Date of judgment: 20 October 2023

Catchwords: MIGRATION – application for extension of time to appeal decision of Administrative Appeals Tribunal – whether Tribunal decision was affected by jurisdictional error because it failed to perform its statutory task – whether Tribunal failed to make necessary findings of fact on matters relating to the best interests of minor children – whether Tribunal failed to carry out evaluative task

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

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 138 Meyrick v Minister for Home Affairs [2020] FCA 677 Minister for Immigration and Ethnic Affairs v Pochi [1980] FCA 85; (1980) 44 FLR 41 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 Minister for Immigration & Multicultural & Indigenous Affairs v Lorenzo [2005] FCAFC 13 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 VKTT v Minister for Home Affairs [2019] FCA 1018