CYH16 v Minister for Immigration and Border Protection [2023] FCA 453

Federal Court of Australia

CYH16 v Minister for Immigration and Border Protection [2023] FCA 453 Appeal from: CYH16 v Minister for Immigration & Anor [2020] FCCA 1596

File number(s): VID 500 of 2020

Judgment of: ROFE J

Date of judgment: 11 May 2023

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – application for extension of time in which to appeal from decision of Federal Circuit Court – application for extension of time allowed – where appellant sought to rely on two new grounds that were not relied upon in the Federal Circuit Court – whether leave should be granted to the appellant to rely on the new grounds – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 65. 91R Migration Regulations 1994 (Cth) Sch 2 Federal Court Rules 2011 (Cth) rr 36.03, 36.05 Immigrants and Emigrants Act 1949 (Sri Lanka)

Cases cited: A101/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 556; (2004) 82 ALD 787 BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176 CYH16 v Minister for Immigration and Anor [2020] FCCA 1596 DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 GOK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 169 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 SZTIB v Minister for Immigration and Border Protection [2015] FCAFC 40 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 Zheng v Cai (2009) 239 CLR 446; [2009] HCA 52