ARN21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1038

Federal Court of Australia

ARN21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1038 Appeal from: ARN21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 974

File number: NSD 834 of 2024

Judgment of: BROMWICH J

Date of judgment: 6 September 2024

Catchwords: MIGRATION – application for judicial review of a decision of the Federal Circuit Court (now the Federal Circuit and Family Court of Australia (Division 2)) refusing to extend time to seek judicial review of a decision of the Administrative Appeals Tribunal – Tribunal dismissed an application for review of a decision of a delegate of the Minister for Immigration and Border Protection (now Minister for Immigration, Citizenship and Multicultural Affairs) not to grant a protection visa – no jurisdictional error identified by applicant – HELD: application dismissed with costs

Legislation: Migration Act 1958 (Cth) ss 425A(1), 425A(3), 425A(4), 426A, 426A(1A)(b), 426A(1E), 441A, 441A(5)(b), 476A(3)(a), 476(1), 477(2) Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) reg 4.21(4)(a), (4)(b)(i)

Cases cited: BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; 3 FCR 344 MZZTY v Minister for Immigration and Border Protection [2013] FCA 1289 Re Commonwealth of Australia; Ex parte Marks [2000] HCA 67; 177 ALR 491 SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319; 135 ALD 17 SZTSU v Federal Circuit of Australia [2015] FCA 224 Tang v Minister for Migration and Citizenship [2013] FCAFC 139; 217 FCR 55 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 276 CLR 579