CSZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 353

Federal Court of Australia

CSZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 353 Appeal from: Application for extension of time: CSZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2208

File number: WAD 76 of 2021

Judgment of: JACKSON J

Date of judgment: 6 April 2022

Catchwords: MIGRATION - extension of time to appeal a judgment of the Federal Circuit Court - removal of a minor applicant from proceedings - new grounds of appeal - reason for delay not persuasive - merits of proposed grounds of appeal - Immigration Assessment Authority's reasoning was not irrational or illogical - Part 7AA procedural fairness - relevant information pursuant to s 473CB - failure to comply with s 473GB notification requirements - materiality of failure to comply - documents not prejudicial - no apprehended bias - new grounds have little merit - extension of time application dismissed

Legislation: Migration Act 1958 (Cth) ss 438, 473CB, 473DB, 473GA, 473GB, 479, 486C, Part 7AA Division 6 Federal Court Rules 2011 (Cth) rr 1.34, 9.05, 9.08, 9.64, 36.03, 36.05 Migration Regulations 1994 (Cth) reg 2.08

Cases cited: BJM15 v Minister for Immigration and Border Protection [2021] FCA 786 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 CED16 v Minister for Immigration and Border Protection [2018] FCA 1451; (2018) 265 FCR 115 CMI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 255 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20; (2019) 268 FCR 299 Jackamarra v Krakouer (1998) 195 CLR 516 Jess v Scott (1986) 12 FCR 187 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; (2021) 284 FCR 152 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 SBAH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 426; (2002) 126 FCR 552 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588