Federal Court of Australia
Federal Court of Australia
Pera v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1318 Appeal from: Application for extension of time: AAT decision, delivered on 19 December 2022 by Senior Member D. J. Morris
File number: VID 136 of 2023
Judgment of: SNADEN J
Date of judgment: 31 October 2023
Catchwords: MIGRATION – application for extension of time seeking judicial review of visa cancellation decision – Minister concedes Tribunal's decision was a product of jurisdictional error – whether court is satisfied error has occurred that justifies the proposed relief – extension of time granted – writs of certiorari and mandamus issued
Legislation: Migration Act 1958 (Cth) ss 499, 501
Cases cited: Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 293 FCR 509 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: 9
Date of hearing: Determined on the papers
Solicitor for the Applicant: MinterEllison
Solicitor for the First Respondent: Victoria Legal Aid
Solicitor for the Second Respondent: The second respondent filed a submitting notice, save as to costs
ORDERS VID 136 of 2023
BETWEEN: WILLIAM PERA Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
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