Federal Court of Australia
Federal Court of Australia
BIM21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 307 Appeal from: BIM21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 902
File number(s): VID 961 of 2023
Judgment of: BURLEY J
Date of judgment: 28 March 2024
Catchwords: MIGRATION – application for extension of time and leave to appeal from a decision of the Federal Circuit and Family Court of Australia (FCFCOA) – FCFCOA judge conducted a de novo review of a decision of a Registrar to summarily dismiss an application for review of a decision of the Administrative Appeals Tribunal under r 13.13(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – no reasonable prospects of success – application dismissed
Legislation: Migration Act 1958 (Cth) ss 426(1A)(b), 426A, 441A(5)(b), 441C(5), 477 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.06(1)(c), 17.05(2), 21.02(1) Federal Court of Australia Rules 2011 (Cth) r 35.13.
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 Bechara v Bates [2021] FCAFC 34; 286 FCR 166 BIM21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 902 BIM21 v Minister for Immigration, Citizenship and Multicultural Affairs (MLG 1065 of 2021, decision of Registrar delivered on 27 July 2023) Décor Corporation Pty Ltd v Dart Industries [1991] FCA 844; 33 FCR 397 Harris v Caladine [1991] HCA 9; 172 CLR 84 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 SZNZL v Minister for Immigration and Citizenship [2010] FCA 621; 186 FCR 271 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 403 ALR 604
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