Page:Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs.pdf/10

Beech-Jones J

From 1996 until 2001, the plaintiff either pleaded guilty to, or was found guilty by the Children's Court of, numerous offences including multiple counts of robbery in company. In August 2003, he was convicted of three counts of robbery while armed with a dangerous or offensive weapon. He was sentenced by the District Court of New South Wales to substantial terms of imprisonment for each offence ("the 2003 offences").

In May 2010, the plaintiff was convicted and sentenced by the District Court to terms of imprisonment for two offences of robbery while armed with a dangerous weapon and two attempts to commit such offences. These offences were committed against financial institutions and other businesses between October and November 2007 ("the 2007 offences"). Similar offences were taken into account at the time of sentencing. On 28 October 2010, the plaintiff was resentenced on appeal by the Court of Criminal Appeal of the Supreme Court of New South Wales. The longest sentence he received was imprisonment for ten years with a non-parole period of six years.

On 9 October 2013, the delegate cancelled the plaintiff's visa. On 30 October 2018, the plaintiff applied to the Administrative Appeals Tribunal ("the AAT") for review of the delegate's decision. On 8 November 2018, the AAT dismissed the application on the basis that the delegate's decision was not reviewable.

The plaintiff sought judicial review of the AAT's decision in the Federal Court of Australia. On 4 August 2021, his application was dismissed on the basis that the Court did not have jurisdiction to review a decision of a delegate of the Minister to cancel a visa under s 501(2) of the Migration Act, and the plaintiff's circumstances did not justify the grant of an extension of time to seek judicial