Ryan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 701

Ryan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 701

The proposed review had no reasonable prospects of success because para 8.2(2)(b) of Direction no. 90 permitted the Tribunal to consider police records relating to the 2017 charges as information or evidence from independent and authoritative sources, notwithstanding that the charges were later dropped. Since it would be futile to extend time to file an unmeritorious application, an extension was not necessary in the interests of the administration of justice under s 477A(2).

Jurisdiction
Australia
Judgment Date
27 June 2023
Procedural Posture
Migration Judicial Review; Application for Extension of Time Under S 477 a of the Migration Act 1958 (cth) / Application to Extend Time to Challenge an Administrative Appeals Tribunal Decision Affirming a Delegate's Refusal to Revoke Mandatory Visa Cancellation
Outcome
Application for extension of time refused; proceeding dismissed with costs.
Legal Topics
['mandatory Visa Cancellation' 'revocation of Visa Cancellation' 'character Test' 'family Violence Consideration Under Direction No. 90' 'extension of Time' 'jurisdictional Error']
['migration Law' 'administrative Law' 'practice and Procedure'] ['mandatory Visa Cancellation' 'revocation of Visa Cancellation' 'character Test' 'family Violence Consideration Under Direction No. 90' 'extension of Time' 'jurisdictional Error']

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Procedural Posture

Migration Judicial Review; Application for Extension of Time Under S 477 a of the Migration Act 1958 (cth) / Application to Extend Time to Challenge an Administrative Appeals Tribunal Decision Affirming a Delegate's Refusal to Revoke Mandatory Visa Cancellation

Legal Issues

  1. 1 ['Whether time should be extended under s 477A(2) of the Migration Act 1958 (Cth) because it was necessary in the interests of the administration of justice.' 'Whether the proposed judicial review had reasonable prospects of success.' 'Whether the Tribunal misconstrued para 8.2 of Direction no. 90 by treating police records concerning 2017 family violence charges that were later dropped as information or evidence from independent and authoritative sources under para 8.2(2)(b).']

Ratio Decidendi

The proposed review had no reasonable prospects of success because para 8.2(2)(b) of Direction no. 90 permitted the Tribunal to consider police records relating to the 2017 charges as information or evidence from independent and authoritative sources, notwithstanding that the charges were later dropped. Since it would be futile to extend time to file an unmeritorious application, an extension was not necessary in the interests of the administration of justice under s 477A(2).

Court Disposition

Application for extension of time refused; proceeding dismissed with costs.

Orders

  • ['The proceeding be dismissed.' "The applicant pay the first respondent's costs as agreed or taxed."]