BXA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1513

Federal Court of Australia

BXA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1513 Appeal from: BXA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 1822

File number(s): WAD 260 of 2020

Judgment of: PERRY J

Date of judgment: 1 December 2023

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time – where any appeal would have insufficient prospects of success – application dismissed MIGRATION – where no apparent error in the primary judge's consideration of the grounds of review – ground requesting impermissible merits review – where no error in the Immigration Assessment Authority's consideration of s 473DD of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 473DB, 473DC, 473DD Federal Court Rules 2011 (Cth) r 36.05

Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; (2020) 269 CLR 494 Bechara v Bates [2018] FCA 460 BXA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 1822 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Katoa v Minister for Immigration [2022] HCA 28; (2022) 96 ALJR 819 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Peczalski v Comcare [1999] FCA 366; (1999) 58 ALD 697 Plaintiff M174/2016 [2018] HCA 16; (2018) 264 CLR 217 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165