ENB19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 840

Federal Court of Australia

ENB19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 840 Appeal from: ENB19 v Minister for Immigration & Anor [2020] FCCA 1968

File number(s): NSD 845 of 2020

Judgment of: GOODMAN J

Date of judgment: 27 July 2023

Catchwords: MIGRATION – application for leave to appeal from a decision of the (then) Federal Circuit Court of Australia – new grounds of appeal propounded – underlying merits insufficient to justify the grant of leave to appeal

Legislation: Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth), ss 36, 65 Federal Circuit Court Rules 2011 (Cth), r 44.12 (repealed) Federal Court Rules 2011 (Cth), Sch 3, item 15.2

Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 ENB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1968 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 Francuziak v Minister for Justice [2015] FCAFC 162; (2015) 238 FCR 332 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 Paciocco v Australia and New Zealand Banking Group Limited (No 2) [2017] FCAFC 146; (2017) 253 FCR 403 Rawson Finances Pty Ltd v DCT [2010] FCAFC 139; (2010) 81 ATR 36 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588