Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2187

Bernard v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2187

Given the extraordinary length of delay in seeking an extension of time for judicial review, and the lack of a sufficiently persuasive explanation for that delay, as well as the lack of a strong case on the merits, the application for urgent injunctive relief pending determination of the extension of time application must be dismissed.

Parties
Applicant: Patrick Ian Bernard; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Migration – Interlocutory Application for Injunction / Hearing of Application for Urgent Injunctive Relief Pending Determination of Extension of Time for Review
Outcome
Application dismissed with costs
Legal Topics
Interlocutory Injunctions, Extension of Time, Visa Cancellation, Deportation, Delay, Ministerial Direction No 65, Judicial Review
Administrative Law Migration Law Interlocutory Injunctions Extension of Time Visa Cancellation Deportation Delay Ministerial Direction No 65 +1 more

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Parties

Patrick Ian Bernard

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration – Interlocutory Application for Injunction / Hearing of Application for Urgent Injunctive Relief Pending Determination of Extension of Time for Review

Legal Issues

  1. 1 Whether urgent injunctive relief should be granted to restrain deportation pending application for extension of time for review of Tribunal decision
  2. 2 Whether delay of two and a half years in application for extension of time can be justified
  3. 3 Whether the proposed review grounds disclose a sufficiently strong case

Ratio Decidendi

Given the extraordinary length of delay in seeking an extension of time for judicial review, and the lack of a sufficiently persuasive explanation for that delay, as well as the lack of a strong case on the merits, the application for urgent injunctive relief pending determination of the extension of time application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The applicant's interlocutory application, filed on 9 December 2019, be dismissed with costs.
  • Order 4 of the orders made by the Court on 10 December 2019 be vacated.