Truong v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 344

Truong v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 344

The Administrative Appeals Tribunal was plainly correct to dismiss the applicant's review application for want of jurisdiction because s 500(4A)(c) of the Migration Act 1958 (Cth) makes a delegate's s 501(3A) visa cancellation decision not reviewable under s 500, Part 5 or Part 7. Any judicial review application would therefore be bound to fail, and there was no reason to grant an extension of time despite the lack of prospects.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Application for an Extension of Time for Judicial Review of an Administrative Appeals Tribunal Decision / First Case Management Hearing; Application Dismissed
Outcome
The application for an extension of time filed on 20 February 2020 was dismissed, and the applicant was ordered to pay the respondents' costs in the fixed amount of $700.
Legal Topics
['visa Cancellation on Character Grounds' 'extension of Time' 'judicial Review' 'administrative Appeals Tribunal Jurisdiction' 'costs']
['migration Law' 'administrative Law'] ['visa Cancellation on Character Grounds' 'extension of Time' 'judicial Review' 'administrative Appeals Tribunal Jurisdiction' 'costs']

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Procedural Posture

Application for an Extension of Time for Judicial Review of an Administrative Appeals Tribunal Decision / First Case Management Hearing; Application Dismissed

Legal Issues

  1. 1 ['Whether an extension of time should be granted to seek judicial review of the Administrative Appeals Tribunal decision dated 17 September 2019.' "Whether the proposed judicial review application was bound to fail because the Administrative Appeals Tribunal had no jurisdiction to review a delegate's decision under s 501(3A) of the Migration Act 1958 (Cth)." "Whether the applicant should pay the respondents' costs in a fixed amount."]

Ratio Decidendi

The Administrative Appeals Tribunal was plainly correct to dismiss the applicant's review application for want of jurisdiction because s 500(4A)(c) of the Migration Act 1958 (Cth) makes a delegate's s 501(3A) visa cancellation decision not reviewable under s 500, Part 5 or Part 7. Any judicial review application would therefore be bound to fail, and there was no reason to grant an extension of time despite the lack of prospects.

Court Disposition

The application for an extension of time filed on 20 February 2020 was dismissed, and the applicant was ordered to pay the respondents' costs in the fixed amount of $700.

Orders

  • ['The application for an extension of time filed on 20 February 2020 is dismissed.' "The applicant pay the respondents' costs in the fixed amount of $700."]