EPE19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 170

Federal Court of Australia

EPE19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 170 Appeal from: EPE19 v Minister for Immigration & Anor [2020] FCCA 1103

File number: NSD 606 of 2020

Judgment of: BROMWICH J

Date of judgment: 1 March 2023

Date of publication of reasons: 7 March 2023

Catchwords: MIGRATION – application for leave to appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Immigration Assessment Authority (IAA) – where the IAA affirmed a decision of the Minister's delegate to refuse the applicant a Safe Haven Enterprise visa – where the primary judge dismissed the judicial review application at a show cause hearing upon the basis of a lack of satisfaction that there was an arguable case for the relief sought – whether leave should be granted to appeal from the orders made by the primary judge – Held: application for leave to appeal dismissed with costs.

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 5J, 36(2)(a), 36(2)(aa), 36(2B), 473DC, 473DC(2) Federal Circuit Court Rules 2001 (Cth) rr 44.12(1)(a), 44.12(2)

Cases cited: ABT16 v Minister for Immigration and Border Protection [2019] FCA 836 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 203 CLR 194 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DIN16 v Minister for Home Affairs [2020] FCA 406 House v The King [1936] HCA 40; 55 CLR 499 Sekigawa v Minister for Immigration and Border Protection [2016] FCA 127; 237 FCR 276