CLQ19 v The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 466

Federal Court of Australia

CLQ19 v The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 466 Appeal from: CLP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1257

File number(s): NSD 749 of 2020

Judgment of: MEAGHER J

Date of judgment: 15 May 2023

Catchwords: MIGRATION – Application for an extension of time to appeal from orders made by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) – Where delay is short – Where no prejudice to the respondent – Whether ground of appeal has merit – Extension of time granted MIGRATION – Appeal from orders made by the Federal Circuit Court dismissing an application for judicial review of a decision of the second respondent (Tribunal) – Whether decision is legally unreasonable – Whether Tribunal's credibility findings were unreasonable – Appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M(3) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 48B, 477A Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 55

Date of hearing: 21 and 23 March 2023

Counsel for the First Applicant: The First Applicant was self-represented

Counsel for the Second Applicant: The Second Applicant was self-represented

Counsel for the Respondent: Mr G Johnson

Solicitor for the Respondent: HWL Ebsworth Lawyers