Sales v Minister for Immigration and Multicultural Affairs

Sales brought an application against the Minister for Immigration and Multicultural Affairs, seeking an extension of time to file and serve the application. The application also sought a writ of certiorari in respect of the Minister’s decision to cancel the Applicant’s visas and an order for the Minister to pay the Applicant’s costs. The case was heard in the Federal Court of Australia.

The legal issues before the Court were whether the Applicant was entitled to an extension of time to file and serve the application and whether the Minister’s decision to cancel the Applicant’s visas was unlawful. The Court was required to consider the relevant statutory provisions and the principles of administrative law.

The Court found that the Applicant was entitled to an extension of time to file and serve the application as the Applicant had demonstrated that there were exceptional circumstances that prevented them from filing and serving the application within the statutory time limit. The Court also found that the Minister’s decision to cancel the Applicant’s visas was unlawful as it was made without proper consideration of the relevant statutory provisions and the principles of natural justice. The Court issued a writ of certiorari in respect of the Minister’s decision.

The Court ordered that time be extended for the filing and serving of the application and that a writ of certiorari issue in respect of the Minister’s decision. The Court also ordered that the Minister pay the Applicant’s costs.