VCFR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1606

Federal Court of Australia

VCFR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1606 Review of: VCFR and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AATA 621

File number(s): SAD 97 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 15 December 2023

Catchwords: MIGRATION – application for extension of time for judicial review of a decision of the Administrative Appeals Tribunal's decision pursuant to s 476A of the Migration Act 1958 (Cth) – applicant's application for a protection visa refused pursuant to s 36(1C)(b) of the Act on the basis that the applicant, having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community – where Tribunal affirmed the delegate's decision – application for extension of time allowed – whether the Tribunal's findings that various crimes had been committed in absence of prosecution was illogical, irrational or unreasonable – materiality – whether consideration of other summary offences was in error – application allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 33(1)(c) Migration Act 1958 (Cth), ss 5, 5M, 36, 36(1B), 36(1C); 36(1C)(a) & (b), 36(2), 476A, 477A(1), 500(1)(c)(i), 501(3A); 501CA(4) Federal Court Rules 2011 (Cth), r 31.23 Criminal Law Consolidation Act 1935 (SA), s 56 Sentencing Act 2017 (SA), s 57 Summary Offences Act 1953 (SA), s 23 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) arts 33(1) and (2) Protocol Relating to the Status of Refugees, 606 UNTS 267 (entered into force 4 October 1967)