CKB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 327

Federal Court of Australia

CKB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 327 Appeal from: CKB16 v Minister for Immigration & Anor [2020] FCCA 388

File number: NSD 307 of 2020

Judgment of: MARKOVIC J

Date of judgment: 13 April 2023

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the second respondent (Tribunal) – whether the primary judge made an unreasonable, illogical and irrational finding in refusing leave to further amend pleadings on the basis that the proposed grounds lacked merit – whether primary judge erred in the exercise of discretion – whether the Tribunal failed to consider the risk to the appellant due to him being of "combat age" as distinct from being a young Tamil male – appeal dismissed PRACTICE AND PROCEDURE – where primary judge refused leave to amend application for review – whether appellant requires leave to appeal the decision to refuse leave – unnecessary to determine PRACTICE AND PROCEDURE – where appellant sought leave to rely on draft amended notice of appeal shortly before hearing – where appellant abandoned reliance on original pleading – leave refused

Legislation: Migration Act 1958 (Cth) ss 5H, 36(2)

Cases cited: ANS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 559 BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897 CWX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 House v The King (1936) 55 CLR 499 Htun v Minister for Immigration and Multicultural Affairs [2002] FCA 1802 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195