Al-Ahmed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 963

FEDERAL COURT OF AUSTRALIA

Al-Ahmed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 963 Appeal from: Al-Ahmed and Minister for Home Affairs (Citizenship) [2019] AATA 2707

File number(s): ACD 72 of 2019

Judge(s): PERRY J

Date of judgment: 10 July 2020

Catchwords: MIGRATION – application for extension of time within which to appeal Administrative Appeals Tribunal (AAT) decision under s 44(2A), Administrative Appeals Tribunal Act 1975 – where s 24(6), Australian Citizenship Act 2007 proscribes approval of citizenship application where criminal proceedings are pending – where AAT refused to grant an adjournment pending finalisation of applicant's criminal proceedings on the ground it had no power to do so applying Lesi v Administrative Appeals Tribunal [2015] FCA 1186; 238 FCR 145 (Lesi) – where AAT therefore affirmed the delegate's decision refusing to grant citizenship – whether the application lacked merit because the applicant did not contend that Lesi was plainly wrong – consideration of relationship between judicial comity and the assessment of merit in the context of applying for an extension of time - where it was not in issue that there were serious doubts about whether Lesi was correctly decided – where applicant failed to explain the whole of the delay - extension of time granted with recommendation that the matter be referred to a Full Court

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 40(1)(c), 42B(1)(b), 44(2A) and (2B) Australian Citizenship Act 1948 (Cth) Australian Citizenship Act 2007 (Cth) s 24(6) Federal Court of Australia Act 1976 (Cth) ss 20(3), 24(1A), 25 Federal Court Rules 2011