Lesianawai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 896

Lesianawai v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 896

The application was dismissed because of extreme and largely unexplained delay and absence of reasonable prospects of success; the Tribunal’s decision not to review the visa cancellation due to out-of-time application was correct, and the applicant’s claims did not establish jurisdictional error or procedural unfairness.

Parties
Applicant: Isaac Lesianawai; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Application for Extension of Time for Judicial Review / Order on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Jurisdiction, Procedural Fairness, Visa Cancellation, Judicial Review
Administrative Law Migration Law Extension of Time Jurisdiction Procedural Fairness Visa Cancellation Judicial Review

Case Brief

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Parties

Isaac Lesianawai

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Judicial Review / Order on Application for Extension of Time

Legal Issues

  1. 1 Whether the Court should grant an extension of time for judicial review of the Tribunal’s decision
  2. 2 Whether procedural fairness was denied to the applicant
  3. 3 Whether proper notification of the visa cancellation decision was given

Ratio Decidendi

The application was dismissed because of extreme and largely unexplained delay and absence of reasonable prospects of success; the Tribunal’s decision not to review the visa cancellation due to out-of-time application was correct, and the applicant’s claims did not establish jurisdictional error or procedural unfairness.

Court Disposition

Application dismissed with costs

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the first respondent's costs, to be assessed if not agreed.