Recent Cases

AZAFF v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 176 (02 November 2022) (Collier, Farrell and Abraham jJ)


Catchwords:


MIGRATION – application for an extension of time in which to appeal decision of the (then) Federal Circuit Court – r 36.05 of the Federal Court Rules 2011 (Cth) –– where the primary Judge dismissed an application for review of a decision of the Immigration Assessment Authority affirming decision not to grant protection visa – where applicant claims the IAA did not consider best interests of child applicant – art 3(1) Convention on Rights of the Child – where applicant claims error of jurisdiction of IAA not to seek further information under s 473DC(3) of the Migration Act 1958 (Cth) – where inadequate reason for delay – application filed after a delay of 218 days – principles for extension of time to file an appeal – application for extension of time dismissed

PRACTICE AND PROCEDURE – application for leave to rely on new grounds not before the primary Judge – whether adequate reasons provided for failure to raise grounds before primary Judge – degree of prejudice to be faced by the parties – whether proposed new grounds have sufficient merit – leave to rely on new grounds refused