WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736

WQRJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 736

Given the extraordinary and unexplained delay of more than two years in seeking judicial review, and the absence of exceptional merit in the applicant's substantive grounds, the interests of justice did not warrant granting an extension of time. Accordingly, both the extension application and the underlying judicial review were dismissed.

Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Application for Judicial Review (and Extension of Time) / Federal Court Judgment Following Hearing on Application for Extension of Time and Substantive Judicial Review
Outcome
Application for extension of time dismissed; application for judicial review dismissed; costs awarded against applicant.
Legal Topics
['extension of Time for Judicial Review' 'visa Cancellation' 'ministerial Discretion Under S 501 CA of Migration Act' 'character Test' 'judicial Review Standards' 'tribunal Reasoning']
['administrative Law' 'migration Law'] ['extension of Time for Judicial Review' 'visa Cancellation' 'ministerial Discretion Under S 501 CA of Migration Act' 'character Test' 'judicial Review Standards' 'tribunal Reasoning']

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Procedural Posture

Application for Judicial Review (and Extension of Time) / Federal Court Judgment Following Hearing on Application for Extension of Time and Substantive Judicial Review

Legal Issues

  1. 1 ['Whether an extension of time to apply for judicial review should be granted after substantial delay' "Whether the Tribunal erred in considering the best interests of the applicant's son and other relevant matters under s 501CA(4) of the Migration Act" 'Whether the Tribunal failed to consider mandatory considerations under Direction No. 65']

Ratio Decidendi

Given the extraordinary and unexplained delay of more than two years in seeking judicial review, and the absence of exceptional merit in the applicant's substantive grounds, the interests of justice did not warrant granting an extension of time. Accordingly, both the extension application and the underlying judicial review were dismissed.

Court Disposition

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

Orders

  • ['The application for an extension of time in which to apply for judicial review filed on 7 January 2021 is dismissed.' 'The application for judicial review filed on 6 April 2021 is dismissed.' "The applicant pay the first respondent's costs of the application for an extension of time and the costs of the...