Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 1119

Federal Court of Australia

Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2024] FCA 1119 File number: NSD 1024 of 2024

Judgment of: NICHOLAS J

Date of judgment: 26 September 2024

Catchwords: JUDICIAL REVIEW – application for judicial review of decision made by Registrar under r 2.26 of the Federal Court Rules 2011 (Cth) to refuse to accept for filing application for leave to appeal and associated materials – where Registrar refused to accept documents for filing on grounds that they were an abuse of process. Held: originating application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Federal Court of Australia Act 1976 (Cth) ss 20A, Pt III Div 2 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 486F Federal Court Rules 2011 (Cth) r 2.26

Cases cited: Bird v Free (1994) 126 ALR 475 Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2023] FCA 1056 Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14 Re Jarman; Ex parte Cook (No 1) (1997) 188 CLR 595 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 525 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 74 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 241 Tukala v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2024] FCA 675 Tukala v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs) [2023] FCA 75