Federal Court of Australia
Federal Court of Australia
MZZXN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1386 Appeal from: Application for extension of time and leave to appeal: MZZXN v Minister for Immigration and Border Protection [2021] FCCA 1485
File number: VID 441 of 2021
Judgment of: MIDDLETON J
Date of judgment: 23 November 2022
Catchwords: MIGRATION – application for extension of time and leave to appeal – appeal from decision of Federal Circuit Court of Australia not to set aside order of Registrar dismissing proceedings – merits of underlying judicial review application ultimately determinative – proposed grounds of appeal of no merit – certain submissions in respect of alleged error outside scope of proposed grounds of appeal – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Relationships Act 2008 (Vic) Federal Circuit Court Rules 2001 (Cth) Federal Court Rules 2011 (Cth) Migration Regulations 1994 (Cth) Migration Regulations (Amendment) 1996 No. 75 (Cth) Explanatory Statement
Cases cited: Babicci v Minister for Immigration and Multicultural Indigenous Affairs (2005) 141 FCR 285; [2005] FCAFC 77 Décor Corp Pty Ltd v Dart Industries Inc [1991] FCAFC 844; (1991) 33 FCR 397 Gallo v Dawson [1990] HCA 30; (1990) 93 ALR 479 Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 MZYPZ v Minister for Immigration and Citizenship (2012) 127 ALD 510; [2012] FCA 478 MZZXN v Minister for Immigration and Border Protection [2015] FCA 503 MZZXN v Minister for Immigration and Border Protection [2021] FCCA 1485 MZZXN v Minister Immigration & Anor [2015] FCCA 73 Singh v Minister for Home Affairs (2020) 274 FCR 506; [2020] FCAFC 7 SZOXP v Minister for Immigration and Border Protection [2016] FCA 183 SZRJY v Minister for Immigration and Citizenship (No 2) [2012] FMCA 756 SZSDA v Minister for Immigration & Citizenship [2012] FCA 1319 SZSQL v Minister for Immigration and Border Protection [2015] FCA 294 Waensila v Minister of Immigration and Border Protection (2016) 241 FCR 121; [2016] FCAFC 32
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