AHZ21 v Minister for Immigration, Citizenship and Multicultural Affairs

AHZ21, an applicant with a substantial criminal record, sought to challenge the cancellation of his visa on character grounds. The dispute was brought before the Federal Court of Australia. The central legal issues revolved around the delay in seeking judicial review of the Assistant Minister's decision not to revoke the visa cancellation and whether this delay could be excused under the relevant statutory provisions. Additionally, the court needed to determine whether the proposed ground for review had substantial merit and if extending the time for review was necessary in the interests of justice.

The court found that while AHZ21's delay of approximately four years in filing his application was significant, certain circumstances warranted an extension of time. The court acknowledged that AHZ21 was not legally represented at all times and actively pursued a protection visa post the Assistant Minister's decision. However, it was also noted that being unrepresented or lacking resources does not generally justify such a prolonged delay. Furthermore, the Assistant Minister’s decision did not explicitly suggest pursuing a protection visa over judicial review. The court accepted that the proposed ground for review was discernible from the time the Assistant Minister's decision was made, and AHZ21's subsequent legal representation did not immediately result in an application for extension of time. The court ruled that the Assistant Minister's decision was flawed as it failed to adequately consider AHZ21's claims about the impediments he would face if returned to Iraq, a war zone where he would be targeted for his Kurdish ethnicity and associations with the United States government.

The court granted the application for an extension of time, set aside the Assistant Minister's decision, and remitted the applicant’s application for revocation of the visa cancellation decision to the Minister for determination according to law. The Minister was also ordered to pay the applicant's costs as agreed or taxed.