Federal Court of Australia
Federal Court of Australia
Titoa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 605 Review of Titoa and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 2329 (21 July 2022)
File number(s): QUD 302 of 2022
Judgment of: MEAGHER J
Date of judgment: 10 June 2024
Catchwords: MIGRATION – Application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal – Where minimal delay – Where no prejudice to the Minister – Where Minister conceded that it is the administration of justice to grant the extension – Extension of time granted MIGRATION – Application for judicial review of a non-revocation decision of the Administrative Appeals Tribunal – Whether the Tribunal failed to take into account a primary consideration – Whether the Tribunal failed to give individual consideration to the best interests of a child – Whether the Tribunal failed to properly balance the relevant considerations in Direction 90 – Application dismissed
Legislation: Migration Act 1958 (Cth) ss 477A, 499, 501, 501CA Federal Court Rules 2011 (Cth) r 36.05
Cases cited: CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 138 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1368 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 610 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506 PGDX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1259 PQSM v Minister for Home Affairs (2020) 279 FCR 175 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 Spruill v Minister for Immigration and Citizenship [2012] FCA 1401 SZUTY v Minister for Immigration and Border Protection (No 2) [2016] FCA 289 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 285 FCR 187 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
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