Federal Court of Australia
Federal Court of Australia
DIS24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1397 Appeal from: Decision of Administrative Appeals Tribunal delivered on 16 December 2020
File number(s): VID 794 of 2024
Judgment of: HESPE J
Date of judgment: 6 December 2024
Catchwords: MIGRATION – application for extension of time for review of decision of Administrative Appeals Tribunal – where time for seeking review expired over three years before proceedings commenced – whether the merits justify extension being granted – where lack of explanation for delay – whether Tribunal acted irrationally, illogically or unreasonably
Legislation: Migration Act 1958 (Cth) ss 477A, 501, 501CA Minister for Immigration, Citizenship and Multicultural Affairs (Cth), Direction No. 79: Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA (20 December 2018)
Cases cited: DZAEH v Minister for Immigration and Border Protection [2016] FCA 83 EQJ17 v Minister for Home Affairs [2020] FCA 33 Gibson v Minister for Home Affairs [2020] HCATrans 46 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929; 192 ALR 71 Minister for Immigration and Border Protection v WZAPN [2015] HCA 22; 254 CLR 610 MZABO v Minister for Immigration and Border Protection [2016] FCA 980 Plaintiff M1 v Minister for Home Affairs [2022] HCA 17; 275 CLR 582 Re Commonwealth; Ex parte Marks [2000] HCA 67; 75 ALJR 470 Rere v Minister for Immigration and Border Protection [2018] FCA 846 Salum v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCATrans 51 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 Vella v Minister for Immigration and Border Protection [2015] HCA 42; 90 ALJR 89 WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736
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