Federal Court of Australia
Federal Court of Australia
Sang v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1572 Review of: Application for extension of time: Sang and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Administrative Appeals Tribunal, No. 2022/4657, 22 June 2022)
File number: WAD 273 of 2022
Judgment of: COLVIN J
Date of judgment: 12 December 2023
Catchwords: MIGRATION - application for extension of time for judicial review of decision of Administrative Appeals Tribunal - where delegate of Minister refused to revoke cancellation of applicant's visa - where Administrative Appeals Tribunal held it did not have jurisdiction - where Migration Act 1958 (Cth) requires Minister to give notice to applicant that conforms with s 501G(1) following decision of Minister to not revoke visa cancellation - where Migration Act defines time period for applications to Tribunal to review such decisions - where sections of Administrative Appeals Tribunal Act 1975 (Cth) specify time of applications and allow discretion to grant extensions of time do not apply due to Migration Act - consideration of purpose of requirements of notice prescribed by s 501G - application for extension of time regarding second ground of review adjourned pending the decision of the High Court appeal of Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183; (2022) 295 FCR 254 - application for extension of time regarding proposed ground one refused
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 29 Migration Act 1958 (Cth) ss 476A, 500, 501G
Cases cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3; (2012) 248 CLR 1 ENT19 v Minister for Home Affairs [2023] HCA 18 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183; (2022) 295 FCR 254 SAS Trustee Corporation v Miles [2018] HCA 55; (2018) 265 CLR 137 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28
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