Fuller v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 65

Fuller v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 65

The applicant’s proposed grounds of review have no reasonable prospects of success. The Tribunal gave adequate consideration to all relevant matters, including ties to Australia, the interests of minor children, and impediments on removal. No jurisdictional error is apparent. The explanation for delay was accepted but, given no merit in the underlying application, it is not in the interests of justice to grant an extension of time.

Parties
Applicant: John Clifford Fuller; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Migration – Judicial Review – Extension of Time Application / Ruling on Extension of Time for Judicial Review Application
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time for Judicial Review, Mandatory Visa Cancellation, Jurisdictional Error, Ministerial Directions, Interests of Justice, Tribunal Decision Making
Migration Law Administrative Law Extension of Time for Judicial Review Mandatory Visa Cancellation Jurisdictional Error Ministerial Directions Interests of Justice Tribunal Decision Making

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Parties

John Clifford Fuller

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration – Judicial Review – Extension of Time Application / Ruling on Extension of Time for Judicial Review Application

Legal Issues

  1. 1 Whether the extension of time for judicial review should be granted under s 477A of the Migration Act
  2. 2 Whether the Tribunal gave adequate consideration to the applicant's ties to Australia, including family considerations and duration of residence
  3. 3 Whether the Tribunal's treatment of impediments on the applicant's removal to New Zealand contained jurisdictional error

Ratio Decidendi

The applicant’s proposed grounds of review have no reasonable prospects of success. The Tribunal gave adequate consideration to all relevant matters, including ties to Australia, the interests of minor children, and impediments on removal. No jurisdictional error is apparent. The explanation for delay was accepted but, given no merit in the underlying application, it is not in the interests of justice to grant an extension of time.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for an extension of time is dismissed.
  • The applicant must pay the first respondent's costs of the application on a lump sum basis.