Federal Court of Australia
Federal Court of Australia
DAQ22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1557 File number(s): VID 499 of 2022
Judgment of: O'SULLIVAN J
Date of judgment: 8 December 2023
Catchwords: MIGRATION – application for extension of time to appeal from decision of the Minister made under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke mandatory visa cancellation under s 501(3A) – where applicant's visa revoked pursuant to s 501(3A) of the Act on the basis he had a "substantial criminal record" within the meaning of ss 501(6)(a) and 501(7)(c) of the Act – where Minister considered Ministerial Direction 90 – whether prospect of indefinite detention on its own was a reason to revoke the cancellation of the visa – consideration of High Court decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCA 37 – whether Minister's decision legally unreasonable – where no merits to the substantive application – extension of time refused
Legislation: Migration Act 1958 (Cth), ss 195A, 196(1), 189(1), 197C(3), 198, 476A, 477A, 499(1), 501(3A), 501(6)(a), 501(7)(c), 501CA(4) Federal Court Rules 2011 (Cth), r 31.23
Cases cited: Al Kateb v Godwin [2004] HCA 37; 219 CLR 562 Au v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 125; 295 FCR 315 AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; 243 FCR 451 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141; 235 FCR 88 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs [1992] HCA 64; 176 CLR 133 CKL21 v Minister for Home Affairs [2022] FCAFC 70; 293 FCR 634 Gaspar v Minister for immigration and Border Protection [2016] FCA 1166; 153 ALD 338 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; 191 CLR 559 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor [2023] HCA 37 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 96 ALJR 819
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate