Federal Court of Australia
Federal Court of Australia
JSMJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1466 Review of: JSMJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 4183
File number(s): NSD 527 of 2023
Judgment of: PERRY J
Date of judgment: 24 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time under s 477A(2) of the Migration Act 1958 (Cth) – proposed second application for judicial review of a decision of the Administrative Appeals Tribunal – consideration of principles where significant delay (here 17 months) in seeking judicial review of Tribunal decision – application dismissed MIGRATION – whether the Tribunal misunderstood the exercise of the power under s 501CA(4) of the Act – whether the Tribunal treated the exercise of power as purely discretionary or as evaluative– held: merits of the proposed application not sufficiently strong to justify the grant of an extension of time
Legislation: Migration Act 1958 (Cth) ss 36, 36A, 477A, 500, 501, 501CA(4), 501E(1) Federal Court Rules 2011 (Cth) rr 39.04, 39.05 Migration Regulations 1994 (Cth) cl 5001 in Sch 4
Cases cited: AHZ21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 884 AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 114 Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32; (2020) 383 ALR 194 Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 125; (2022) 295 FCR 315 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Hasan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1194 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 JSMJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 718 Minister for Home Affairs v Omar [2019] FCAFC 188; (2019) 272 FCR 589 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 158 CLR 259 Minister for Immigration, Citizenship and Multicultural Affairs v JSMJ [2023] FCAFC 77; (2023) 297 FCR 630 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 [2021] FCAFC 179; (2021) 287 FCR 581 MZZGC v Minister for Immigration and Border Protection [2015] FCA 842 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCATrans 154 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 178 ALD 304 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589 SZVBN v Minister for Immigration and Border Protection [2016] FCA 898 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; (2022) 178 ALD 573
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