Recent Cases

DKY22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 24 (07 March 2024) (Sarah C Derrington, Goodman and Raper JJ)


MIGRATION – appeal from decision of primary judge dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the first respondent not to revoke the cancellation of the appellant’s visa

PRACTICE AND PROCEDURE – application for leave to upon grounds of appeal concerning grounds of review not advanced before the primary judge – appellant represented by senior and junior counsel below – absence of explanation for the failure to advance the new grounds below – absence of sufficient merit in proposed new grounds – application for leave to rely upon new grounds of appeal dismissed – appeal dismissed