Sran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 377

Federal Court of Australia Sran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 377 Application for leave Sran & Anor v Minister for Immigration & Anor [2020] FCCA 333 to appeal:

File number(s): QUD 82 of 2020

Judgment of: GREENWOOD J

Date of judgment: 11 April 2022

Catchwords: MIGRATION – consideration of an application for an extension of time for filing an application for leave to appeal from the orders of the Federal Circuit Court of Australia (as that Court was then known) – consideration of the merits of the appeal – consideration of all grounds of the proposed appeal as the parties elected to fully argue the merits of the appeal on the extension and leave applications – consideration of orders to be made in this Court MIGRATION – consideration of the Tribunal's decision to confirm under s 362B(1C)(b) an earlier decision of the Tribunal to dismiss the application of the applicants for review of the delegate's decision to refuse to grant the visa in issue in the proceedings

Legislation: Federal Court of Australia Act 1976 (Cth), s 28(b) Migration Act 1958 (Cth), ss 338, 347, 348, 353(a) and (b), 357A(3), 359C(1) and (2), 360(1), 362B(1)(a) and (b), 362B(1A)(a) and (b), 362B(1B), (1C), (1D), (1E), (1F) and (1G) and 362B(2)

Cases cited: Kruger v The Commonwealth (1997) 190 CLR 1 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 R v Anderson; Ex parte Ipec-Air Pty Ltd (1965) 113 CLR 177 Sharp v Wakefield [1891] AC 173 Singh v Minister for Home Affairs [2018] FCA 1927 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492