CZQL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1610

Federal Court of Australia

CZQL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1610 Appeal from: Application for Extension of Time: CZQL and Minister for Immigration and Border Protection [2017] AATA 2715

File number: NSD 724 of 2021

Judgment of: THOMAS J

Date of judgment: 15 December 2023

Catchwords: MIGRATION – Migration Act 1958 (Cth) – application for extension of time to apply for review of decision of Administrative Appeals Tribunal (Tribunal) not to revoke cancellation of applicant's visa – where Minister's delegate cancelled applicant's spouse visa under s 501(3A) – where different delegate decided not to revoke cancellation decision – where applicant in prison when notified of delegate's non-revocation decision – where Tribunal affirmed delegate's non-revocation decision – delay of three and a half years in lodging application for extension of time – whether necessary in the interests of the administration of justice to grant extension – whether reasonable explanation for delay – assessment of prospects of success of proposed application for review at a "reasonably impressionistic" level – extension of time refused

Legislation: Acts Interpretation Act 1901 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Ministerial Direction 65

Cases cited: Beni v Minister for Immigration and Border Protection (2018) 267 FCR 15; [2018] FCAFC 228 Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 287 FCR 294; [2021] FCAFC 172 BLS16 v Minister for Immigration and Border Protection [2019] FCA 192 BNV15 v Minister for Immigration and Border Protection [2017] FCA 1048 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 BTI15 v Minister for Immigration [2016] FCCA 2326 BTI15 v Minister for Immigration and Border Protection (No 2) [2021] FCA 355 BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49 BTU17 v Minister for Immigration and Border Protection [2019] FCA 538 CBM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 551 CNC15 v Federal Circuit Court of Australia [2018] FCAFC 204 CQW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1436 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 278 FCR 475; [2020] FCAFC 127 DKX17 v Federal Circuit Court of Australia (2019) 268 FCR 64; [2019] FCAFC 10 DLE16 v Minister for Home Affairs [2019] FCA 136 EBT16 v Minister for Home Affairs (2019) 374 ALR 443; [2019] HCA 44 EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 158; [2021] FCAFC 173 EXU17 v Minister for Immigration and Border Protection (2018) 267 FCR 305; [2018] FCA 1675 FKV17 v Minister for Home Affairs (2022) 292 FCR 201; [2022] FCAFC 93 FPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 723 Guo v Minister for Immigration and Border Protection [2018] FCAFC 34 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jess v Scott (1986) 12 FCR 187 Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 403 ALR 604; [2022] HCA 28 Khalil v Minister for Home Affairs (2019) 271 FCR 326; [2019] FCAFC 151 Lee v Fair Work Commission [2020] FCA 1204 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration and Border Protection v EFX17 (2021) 271 CLR 112; [2021] HCA 9 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v Tesic (2017) 251 FCR 23; [2017] FCAFC 93 Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 77; [2000] FCA 377 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585; [2015] FCA 1391 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478; [2016] FCAFC 110 MZZIV v Minister for Immigration and Border Protection [2013] FCA 1203 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491; [2000] HCA 67 Sainju v Minister for Immigration and Citizenship (2010) 185 FCR 86; [2010] FCA 461 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 180; [2021] FCAFC 174 Singh v Minister for Home Affairs [2019] FCA 724 Singh v Minister for Immigration and Citizenship [2013] FCA 57 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 281 FCR 578; [2020] FCAFC 196 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 SZOBI v Minister for Immigration and Citizenship (No 2) (2010) 119 ALD 233; [2010] FCAFC 151 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 Tay v Minister for Immigration and Citizenship (2010) 183 FCR 163; [2010] FCAFC 23 Tran v Minister for Immigration and Border Protection [2014] FCA 533 Vella v Minister for Immigration and Border Protection (2015) 326 ALR 391; [2015] HCA 42