Ani18 v Minister for Home Affairs

Ani18 sought judicial review of a decision by the Minister for Home Affairs to refuse her protection visas. The dispute also concerned the refusal of an extension of time for Ani18 to lodge a show cause application, which was a prerequisite for her to make further submissions regarding her visa applications. The matter came before Driver J of the Federal Court of Australia.

The primary legal issues before the Court were whether the delegate's decision to refuse the extension of time for the show cause application was affected by jurisdictional error, and consequently, whether the subsequent refusal of the protection visas was also vitiated by jurisdictional error. Specifically, the Court considered whether the delegate failed to take into account relevant considerations or took into account irrelevant considerations when assessing the request for an extension of time.

Driver J found that the delegate's decision to refuse the extension of time was affected by jurisdictional error. The delegate had failed to consider the applicant's stated reasons for the delay, which included difficulties in obtaining legal advice and the impact of her mental health. By not adequately considering these factors, the delegate's decision was found to be unreasonable and therefore jurisdictionally flawed. As the refusal of the extension of time was a necessary precursor to the visa refusal, the subsequent visa refusal was also vitiated by jurisdictional error.

The Court ordered that the decision of the Minister refusing the protection visas be set aside and remitted to the Minister for reconsideration according to law.