FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 549

Federal Court of Australia

FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 549 File number(s): NSD 995 of 2023

Judgment of: HALLEY J

Date of judgment: 24 May 2024

Catchwords: MIGRATION – leave to appeal and associated extension of time – appeal from primary judge's interlocutory orders – whether primary judge's reasons for making interlocutory orders attended with sufficient doubt and whether potential for substantial prejudice if leave not granted – whether primary judge should have recused herself for reasonable apprehension of bias – whether primary judge was correct to dismiss application to reopen case – extension of time granted but application for leave to appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 37M and 37N Migration Act 1958 (Cth) s 65(1)(b) Federal Court Rules 2011 (Cth) r 35.15

Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39 Burgess v Minister for Immigration and Border Protection (2018) 259 FCR 197; [2018] FCA 69 Charisteas v Charisteas (2021) 273 CLR 289; [2021] HCA 29 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 844 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 729 Johnson v Johnson (2000) 201 CLR 488; [2010] HCA 48 Matson v Attorney-General (Cth) [2021] FCA 161 Ogawa v President of the Australian Human Rights Commission (Leave to Appeal) [2022] FCAFC 161 Sharman Licence Holdings Ltd v Universal Music Australia Pty Ltd [2005] FCA 802