Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79

Federal Court of Australia

Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79 Appeal from: Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1263

File number(s): QUD 500 of 2023

Judgment of: COLLIER ACJ, Goodman and Meagher JJ

Date of judgment: 13 June 2024

Catchwords: MIGRATION - Federal Circuit and Family Court of Australia (FCFCOA) refused extension of time to review Migration Review Tribunal decision – extensive delay in bringing application before FCFCOA – Federal Court Judge treated "appeal" from FCFCOA as judicial review application – Federal Court Judge dismissed judicial review application – new grounds raised on appeal to Full Court – whether FCFCOA Judge biased – whether allegedly incorrect legal advice to appellant constituted sufficient explanation for delay – whether subsequent judicial decisions make previous legal advice incorrect – finding of FCFCOA that extensive delay outweighed prospects of success if matter remitted to Tribunal - whether alleged depression of appellant adequately considered by FCFCOA Judge – litigant in person – leave to raise new grounds of appeal allowed in part – appeal dismissed

Legislation: Judiciary Act 1903 (Cth) s 39B(1) Migration Act 1958 (Cth) ss 476, 477 Migration Regulations 1994 (Cth) Sch 2 cl 820.211(2), Sch 3 criterion 3001

Cases cited: Blakeley v National Australia Bank [2018] FCA 796 BBT16 v Minister for Home Affairs [2018] FCA 1225 Boakye-Danquah v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 116 FCR 557; [2002] FCA 438 DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24 Hot Wok Food Makers Pty Ltd v United Workers Union (No 3) [2024] FCAFC 51 JSMJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1466 Kumar v Minister for Immigration & Anor (No. 2) [2020] FCCA 2516 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1263 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Mohammed v Minister for Immigration & Anor [2018] FCCA 2893 MZZGC v Minister for Immigration and Border Protection [2015] FCA 842 Nobarani v Mariconte [2018] HCA 36; (2001) 265 CLR 236 Platcher v Joseph [2004] FCAFC 68 Tran v Minister for Immigration and Border Protection [2014] FCA 533 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158 Waensila v Minister for Immigration and Border Protection (2016) 241 FCR 121; [2016] FCAFC 32 Young v Hughes Trueman Pty Ltd (No 5) [2017] FCA 690 Zaghloul v Woodside Energy Limited (No 9) [2019] FCA 1718