Recent Cases

WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19 (25 February 2021) (Katzmann, O’Bryan and Jackson JJ)


MIGRATION — appeal from decision to dismiss an application for an order in the nature of certiorari to quash an order of the Federal Circuit Court refusing an application for an extension of time to seek judicial review under s 477(2) of Migration Act 1958 (Cth) — where judgment of the Federal Circuit Court reserved for nearly five years but delay had no operative effect on judgment, whether primary judge erred in failing to find that delay of this magnitude is sufficient to give rise to jurisdictional error — whether jurisdictional error because Federal Circuit Court judge failed to take into account his own delay in deciding he was not satisfied it was necessary in the interests of the administration of justice to make the order