CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1604

Federal Court of Australia

CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1604 Appeal from: Application for Extension of Time and Leave to Appeal: CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1955

File number: QUD 303 of 2021

Judgment of: LOGAN J

Date of judgment: 23 November 2022

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal from decision of the then Federal Circuit Court (Circuit Court) to refuse to set aside an order dismissing proceeding on the basis of applicant's failure to attend hearing – where applicant missed prescribed time limit to appeal from Circuit Court by a matter of days – where applicant provided explanation for failing to attend hearing – where Circuit Court determined that applicant's grounds of review of decision of the Administrative Appeals Tribunal (Tribunal) did not enjoy sufficient prospects of success – whether appeal enjoyed sufficient prospects of success to warrant grant of leave to appeal – where alleged error in the Tribunal's decision expressed with such generality to be devoid of meaningful content – where applicant foreshadowed filing further evidence demonstrating error in orders of Circuit Court – where no further evidence filed – appeal did not enjoy sufficient prospects of success to warrant grant of leave – application dismissed

Legislation: Migration Act 1958 (Cth) Federal Court of Australia Rules 2011 (Cth) Federal Circuit Court Rules 2001 (Cth) r 13.03C, r 16.05

Cases cited: CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1955