CQW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1436

Federal Court of Australia

CQW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1436 Appeal from: Application for Extension of Time: CQW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 643

File number: NSD 284 of 2022

Judgment of: KATZMANN J

Date of judgment: 1 December 2022

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to appeal from a judgment dismissing application for judicial review – whether Immigration Assessment Authority acted unreasonably in not inviting applicant to give further information to explain certain inconsistencies in his accounts – where there was a delay of over 3 years and an inadequate explanation for the delay – whether there was any reasonably arguable appealable error in reasons of primary judge

Legislation: Migration Act 1958 (Cth) ss 5AA, 46A(1), 473CA, 473CC, 473DC, 473DD Federal Court Rules 2011 rr 36.01, 36.03

Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 AIR15 v Minister for Immigration and Border Protection [2016] FCA 1425 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 CHM16 v Minister for Immigration and Border Protection [2018] FCA 1132 DFW16 v Minister for Immigration and Border Protection [2018] FCA 746 DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784 Jess v Scott (1986) 12 FCR 187 Minister for Immigration and Border Protection v CQW17 (2018) 264 FCR 249 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Nathanson v Minister for Home Affairs [2022] HCA 26 SZJJC v Minister for Immigration and Citizenship [2008] FCA 614 Tran v Minister for Immigration and Border Protection [2014] FCA 533