EKW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1414

Federal Court of Australia

EKW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1414 Appeal from: EKW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 864

File number(s): NSD 929 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 17 November 2023

Catchwords: MIGRATION – application for leave to appeal decision of the Federal Circuit and Family Court of Australia – where Federal Circuit and Family Court summarily dismissed the applicant's application for judicial review of a decision of the Administrative Appeals Tribunal – where applicant outside Australia and unable to satisfy essential criteria for grant of a protection visa – where no utility in grant of relief sought – whether decision of primary judge attended by requisite doubt – whether substantial injustice occasioned if leave refused – Held: application for leave to appeal refused

Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 143(2) and 143(3) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 13.13 Federal Court Rules 2011 (Cth) r 35.13 Migration Regulations 1994 (Cth) Sch 2, cl 866.411

Cases cited: CFS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 831 CVC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 556 Deputy Commissioner of Taxation v Miraki [2022] FCAFC 96 SZTKB v Minister for Immigration and Border Protection [2014] FCA 653