Immigration – Visas – Where plaintiff applied for protection (subclass 866) visa – Where document in application for visa included English text and images with Mandarin characters – Where Minister's delegate requested further information under s 56 of Migration Act 1958 (Cth) – Where plaintiff did not provide translation of document relied on – Where delegate refused application for protection visa – Where delegate stated documents not translated not included as part of assessment – Whether delegate failed to comply with ss 54 and 56 of Migration Act – Whether delegate's decision legally unreasonable – Whether necessary in interests of administration of justice to grant extension of time to make application for constitutional or other writ.
Words and phrases – "certiorari", "constitutional or other writ", "extension of time", "have regard to all of the information", "invitation for additional information", "jurisdictional error", "mandamus", "materiality", "must have regard to that information", "necessary in the interests of the administration of justice", "protection obligations", "protection visa", "realistic possibility", "specify all particulars of his or her claim", "unreasonableness".
Migration Act 1958 (Cth), ss 5AAA, 54, 56, 58, 62, 65, 476, 476A, 476B, 486A.
High Court Rules 2004 (Cth), rr 4.02, 25.02.1, 25.02.2, 25.09.3.