Federal Court of Australia
Federal Court of Australia
AZAFF v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 176 Appeal from: Application for an extension of time to appeal: AZAFF v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1540
File number(s): SAD 13 of 2021
Judgment of: COLLIER, FARRELL AND ABRAHAM jJ
Date of judgment: 2 November 2022
Catchwords: MIGRATION – application for an extension of time in which to appeal decision of the (then) Federal Circuit Court – r 36.05 of the Federal Court Rules 2011 (Cth) –– where the primary Judge dismissed an application for review of a decision of the Immigration Assessment Authority affirming decision not to grant protection visa – where applicant claims the IAA did not consider best interests of child applicant – art 3(1) Convention on Rights of the Child – where applicant claims error of jurisdiction of IAA not to seek further information under s 473DC(3) of the Migration Act 1958 (Cth) - where inadequate reason for delay – application filed after a delay of 218 days - principles for extension of time to file an appeal – application for extension of time dismissed PRACTICE AND PROCEDURE - application for leave to rely on new grounds not before the primary Judge – whether adequate reasons provided for failure to raise grounds before primary Judge – degree of prejudice to be faced by the parties - whether proposed new grounds have sufficient merit – leave to rely on new grounds refused
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36, 65, 91W, 473CB, 473DA, 473DC, 473DD, 473GA, 473GB) Federal Court Rules 2011 (Cth) r 36.03
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