Federal Court of Australia
Federal Court of Australia
JNMK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 829 Appeal from: Application for extension of time: JNMK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 618
File number: WAD 153 of 2023
Judgment of: JACKSON J
Date of judgment: 29 July 2024
Catchwords: MIGRATION - appeal - delegate of Minister refused to grant protection visa - appeal on new ground not raised before primary judge - interpretation of Direction 79 - whether decision illogical, irrational, or legally unreasonable - whether decision failed to give proper, genuine, and realistic consideration to significant matter - no jurisdictional error found - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 423A, 424A, 424AA, 499, 501
Cases cited: BKTS v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 729 BOH17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 573 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; (2018) 267 FCR 643 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 275 CLR 582
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