Eswaran v Minister for Immigration, Citizenship and Multicultural Affairs

[2025] FCA 496

Federal Court of Australia

Built by Barristers,
For Australian Law.

1. Migration
1. Application for judicial review of a migration decision
1. Where the Minister exercised the power under s 501BA(2) of the Migration Act 1958 (Cth) –Whether the migration decision is attended by jurisdictional error because the exercise of the power in s 501BA(2) is constrained by an implied time limit with which the Minister failed to comply
1. Whether the Minister was required to consider the effect of any delay between the decision of the Administrative Appeals Tribunal and the migration decision in making a decision under s 501BA(2)