Al-Zaweeti v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 635

Federal Court of Australia

Al-Zaweeti v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 635 Appeal from: Al-Zaweeti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2968

File number(s): QUD 74 of 2021

Judgment of: MEAGHER J

Date of judgment: 15 June 2023

Catchwords: MIGRATION – Protection visa – Application for an extension of time to appeal from primary judgment – Where primary judge affirmed decision of Administrative Appeals Tribunal – Where delay by primary judge in provision of reasons – Whether draft grounds of appeal hold merit – Application dismissed

Legislation: Federal Circuit Court of Australia Act 1999 (Cth) Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Al-Zaweeti v Minister for Immigration & Anor [2020] FCCA 2968 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 DZAAD v Department of Immigration and Citizenship [2013] FCA 204 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; 3 FCR 344 Manna v Minister for Immigration and Citizenship [2013] FCA 400 Maxwell-Smith v S & E Hall Pty Ltd [2014] NSWCA 146; 86 NSWLR 481 Minister for Immigration & Multicultural Affairs v Jia [2001] HCA 17; 205 CLR 507 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 SZUEP v Minister for Immigration & Border Protection [2017] FCAFC 94; 160 ALD 35 Timu v Minister for Immigration and Border Protection [2018] FCAFC 161