Yaacoub v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1493

Federal Court of Australia

Yaacoub v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1493 Appeal from: Yaacoub v Minister for Immigration [2020] FCCA 2787

File number(s): NSD 1232 of 2020

Judgment of: DOWNES J

Date of judgment: 30 November 2023

Catchwords: MIGRATION – application for extension of time and leave to appeal decision of (then) Federal Circuit Court of Australia dismissing application for judicial review – where proposed appeal is unmeritorious – where proposed appeal lacks utility – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) rr 44.12(1)(a), (2) Federal Court Rules 2011 (Cth) r 35.13

Cases cited: Yaacoub v Minister for Immigration [2020] FCCA 2787

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 15

Date of hearing: 10 November 2023

Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter

Solicitor for the Respondent: Ms M Kelly of Sparke Helmore

ORDERS NSD 1232 of 2020

BETWEEN: ADEL YAACOUB Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS Respondent

order made by: DOWNES J DATE OF ORDER: 30 NOVEMBER 2023

THE COURT ORDERS THAT:

1. The application for an extension of time and leave to appeal is dismissed. 2. The applicant pay the respondent's costs, fixed in the amount of $4,000. 3. The name of the respondent be amended to read "Minister for Immigration, Citizenship and Multicultural Affairs". Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.