A delay of over two and a half years in seeking constitutional writs to challenge a Tribunal decision will not be excused by the pursuit of ministerial intervention under s 417 of the Migration Act, as there is nothing preventing simultaneous pursuit of both avenues. The making of a s 417 application may be treated as indicative of a decision to abandon any challenge to the Tribunal's decision.
The full text is available to signed-in members, including the 32 later cases that cite this judgment.