Salum v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The plaintiff sought a constitutional writ from the High Court of Australia concerning a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' delegate on 12 October 2015 to refuse the plaintiff's applications for a Partner (Temporary) (Class UK) visa and a Partner (Residence) (Class BS) visa. The plaintiff also sought an extension of time to file this application and an enlargement of time for seeking writs of mandamus or certiorari.

The legal issues before the Court were whether the plaintiff's application for a constitutional writ disclosed an arguable basis for relief, and whether exceptional circumstances warranted an enlargement of time for the plaintiff to file his application for a writ of certiorari or mandamus. The Court was required to consider the plaintiff's grounds for judicial review, namely that the delegate's decision was legally unreasonable and that the plaintiff was denied procedural fairness.

The Court reasoned that the plaintiff's application for a constitutional writ did not disclose an arguable basis for the relief sought and therefore directed that it be dismissed without a hearing. The Court found that the plaintiff had been granted two extensions of time to provide evidence after his sponsor withdrew due to the cessation of their relationship, but failed to do so, apart from providing a child's birth certificate. The delegate was therefore entitled to make a decision based on the available information. The Court also found no merit in the claims of unreasonableness or denial of procedural fairness. Furthermore, the Court dismissed the plaintiff's application for an extension of time and enlargement of time, noting the significant delay of approximately five years, which was not adequately explained, and the lack of exceptional circumstances.

Consequently, the High Court dismissed the plaintiff's application for a constitutional writ and his applications for an extension of time and enlargement of time, ordering the plaintiff to pay the defendant's costs.