Sang v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 518

Federal Court of Australia

Sang v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 518 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: 16 May 2024

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 bundle of documents filed in time - where bundle of documents not accompanied by required form of application - where application previously adjourned pending decision of High Court in Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 - whether strong case on merits established - reasoning in Miller applied - application for extension of time granted - application for review allowed

Cases cited: Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183; (2022) 295 FCR 254 Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 Sang v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1572 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921

Division: General Division