Recent Cases

Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 79 (13 June 2024) (Collier Acj, Goodman and Meagher JJ)


Catchwords:


MIGRATION – Federal Circuit and Family Court of Australia (FCFCOA) refused extension of time to review Migration Review Tribunal decision – extensive delay in bringing application before FCFCOA – Federal Court Judge treated “appeal” from FCFCOA as judicial review application – Federal Court Judge dismissed judicial review application – new grounds raised on appeal to Full Court – whether FCFCOA Judge biased – whether allegedly incorrect legal advice to appellant constituted sufficient explanation for delay – whether subsequent judicial decisions make previous legal advice incorrect – finding of FCFCOA that extensive delay outweighed prospects of success if matter remitted to Tribunal – whether alleged depression of appellant adequately considered by FCFCOA Judge – litigant in person – leave to raise new grounds of appeal allowed in part – appeal dismissed