Federal Court of Australia
Federal Court of Australia
FPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 723 Appeal from: Application for extension of time: FPK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 953
File number: WAD 212 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 30 June 2021
Catchwords: MIGRATION - application for extension of time to appeal from decision of the Federal Circuit Court dismissing applicant's application for judicial review - where Immigration Assessment Authority (Authority) affirmed delegate's decision not to grant applicant a Safe Haven Enterprise visa - where proposed ground of appeal not raised below - whether the Secretary failed to comply with s 473CB of the Migration Act 1958 (Cth) by failing to consider or provide material relating to discussion between delegates - whether the Authority prevented from conducting its review under Part 7AA of the Act such that jurisdictional error was established - where no evidence certain alleged material existed - no real prospect of success - not in interests of justice to grant extension of time where proposed ground has no real prospect of success - application for extension of time dismissed - Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD, Part 7AA
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; (2015) 231 FCR 452 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 AHV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 6 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 CGA15 v Minister for Home Affairs [2019] FCAFC 46; (2019) 268 FCR 362 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 Coulton v Holcombe (1986) 162 CLR 1 EMS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 174 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20; (2019) 268 FCR 299 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Jackamarra v Krakouer (1998) 195 CLR 516 Minister for Immigration and Border Protection v CED16 [2020] HCA 24 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; (2019) 268 FCR 379 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AWT19 [2021] FCAFC 58 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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