High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJ
SOSEFO KAUVAKA LELEI TU'UTA KATOA PLAINTIFF
AND
MINISTER FOR IMMIGRATION, CITIZENSHIP,
MIGRANT SERVICES AND MULTICULTURAL
AFFAIRS & ANOR DEFENDANTS
Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
[2022] HCA 28
Date of Hearing: 10 May 2022
Date of Judgment: 17 August 2022
S135/2021
ORDER
Application dismissed with costs.
Representation
O R Jones with J G Wherrett for the plaintiff (instructed by Turner Coulson Immigration Lawyers)
S B Lloyd SC with B D Kaplan for the first defendant (instructed by Australian Government Solicitor)
Submitting appearance for the second defendant
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
Immigration – Visas – Review of cancellation decision – Application for extension of time – Where then Minister for Home Affairs cancelled plaintiff's visa pursuant to s 501(3)(b) of Migration Act 1958 (Cth) – Where plaintiff applied pursuant to s 477A(2) for extension of time to file application for review of Minister's decision – Where primary judge heard application for extension of time concurrently with underlying substantive application – Where primary judge refused application for extension of time on basis that proposed ground of review had no merit – Whether primary judge misapprehended or misconceived nature of statutory power in s 477A(2) – Whether primary judge committed jurisdictional error – Whether exercise of discretion in s 477A(2) may involve more than impressionistic assessment of merits of proposed grounds of review.
Words and phrases – "extension of time", "impressionistic assessment", "jurisdictional error", "misapprehended or misconceived", "necessary in the interests of the administration of justice", "reasonable prospects of success", "reasonably arguable".
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