CZQL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1610

CZQL v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1610

The application for extension of time was dismissed because the three and a half year delay was extreme and inadequately explained; the applicant’s circumstances, including incarceration and lack of legal advice, were not exceptional or persuasive enough to justify an extension given this length of delay, and the merits of the proposed judicial review were at best arguable, not strong or exceptional as required for such a lengthy late application.

Parties
Applicant: CZQL; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (now Minister for Immigration, Citizenship and Multicultural Affairs); Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Application for Extension of Time for Judicial Review (migration) / Disposition of Application for Extension of Time in Federal Court
Outcome
Application for extension of time dismissed; costs awarded against applicant.
Legal Topics
Extension of Time for Judicial Review, Visa Cancellation Under S 501 Ca(4) of the Migration Act, Tribunal Review and Procedural Fairness
Migration Law Administrative Law Extension of Time for Judicial Review Visa Cancellation Under S 501 Ca(4) of the Migration Act Tribunal Review and Procedural Fairness

Case Brief

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Parties

CZQL

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (now Minister for Immigration, Citizenship and Multicultural Affairs)

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Judicial Review (migration) / Disposition of Application for Extension of Time in Federal Court

Legal Issues

  1. 1 Whether an extension of time to seek judicial review of a Tribunal decision not to revoke visa cancellation should be granted under s 477A of the Migration Act
  2. 2 Whether the applicant gave a satisfactory explanation for the lengthy delay
  3. 3 Whether the proposed judicial review grounds have merit

Ratio Decidendi

The application for extension of time was dismissed because the three and a half year delay was extreme and inadequately explained; the applicant’s circumstances, including incarceration and lack of legal advice, were not exceptional or persuasive enough to justify an extension given this length of delay, and the merits of the proposed judicial review were at best arguable, not strong or exceptional as required for such a lengthy late application.

Court Disposition

Application for extension of time dismissed; costs awarded against applicant.

Orders

  • The name of the first respondent be changed to Minister for Immigration, Citizenship and Multicultural Affairs.
  • The application for extension of time filed on 19 July 2021 be dismissed.