DIS24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1397

DIS24 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1397

Given the excessive and inadequately explained delay, combined with the limited prospects of success of the review grounds, the case does not present exceptional circumstances warranting an extension of time for judicial review. The Tribunal did not act irrationally in its assessment of the applicant's risks upon removal to Vietnam.

Parties
Applicant: DIS24; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Migration Judicial Review/extension of Time Application / Application for Extension of Time for Review of AAT Decision; Judgment on Extension and Consequential Dismissal of Substantive Review
Outcome
Application for extension of time dismissed; consequential dismissal of substantive review application; costs ordered against applicant.
Legal Topics
Visa Cancellation and Revocation, Extension of Time for Judicial Review, Merits of Delay Explanation, Non Refoulement Obligations, Administrative Appeals Tribunal Procedures
Migration Law Administrative Law Visa Cancellation and Revocation Extension of Time for Judicial Review Merits of Delay Explanation Non Refoulement Obligations Administrative Appeals Tribunal Procedures

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Parties

DIS24

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Judicial Review/extension of Time Application / Application for Extension of Time for Review of AAT Decision; Judgment on Extension and Consequential Dismissal of Substantive Review

Legal Issues

  1. 1 Whether there are exceptional circumstances justifying the grant of an extension of time for judicial review under s 477A of the Migration Act 1958 (Cth)
  2. 2 Whether the Tribunal acted irrationally, illogically or unreasonably in considering non-refoulement and 'impediments on removal' claims

Ratio Decidendi

Given the excessive and inadequately explained delay, combined with the limited prospects of success of the review grounds, the case does not present exceptional circumstances warranting an extension of time for judicial review. The Tribunal did not act irrationally in its assessment of the applicant's risks upon removal to Vietnam.

Court Disposition

Application for extension of time dismissed; consequential dismissal of substantive review application; costs ordered against applicant.

Orders

  • The application for extension of time is dismissed.
  • The Applicant pay the First Respondent's costs, to be taxed if not agreed.