Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24 Appeal from: DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1166
File number(s): WAD 265 of 2023
Judgment of: SARAH C DERRINGTON, GOODMAN AND RAPER JJ
Date of judgment: 7 March 2024
Catchwords: MIGRATION – appeal from decision of primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the first respondent not to revoke the cancellation of the appellant's visa PRACTICE AND PROCEDURE – application for leave to upon grounds of appeal concerning grounds of review not advanced before the primary judge – appellant represented by senior and junior counsel below – absence of explanation for the failure to advance the new grounds below – absence of sufficient merit in proposed new grounds – application for leave to rely upon new grounds of appeal dismissed – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), ss 499, 501, 501CA
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 [DKY22] and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 4707 DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1166 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 Francuziak v Minister for Justice [2015] FCAFC 162; (2015) 238 FCR 332 Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144; (2023) 298 FCR 476 Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2; (2024) 98 ALJR 196 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Iyer v Minister for Immigration & Multicultural Affairs [2001] FCA 929; (2001) 192 ALR 71 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Metwally v University of Wollongong [1985] HCA 28; (1985) 60 ALR 68 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration, Citizenship and Multicultural Affairs v HSRN [2023] FCAFC 68; (2023) 297 FCR 662 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594; (2018) 74 AAR 545 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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