CAU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1422

CAU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1422

Because the applicants have already exercised their appeal rights regarding the orders of the primary judge, the proposed appeal is incompetent as an attempt to re-litigate past, finalised proceedings.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Application for Extension of Time to Appeal / Final Determination at Hearing
Outcome
application dismissed
Legal Topics
['migration Appeals' 'extension of Time' 'abuse of Process']
['administrative Law' 'constitutional Law' 'human Rights'] ['migration Appeals' 'extension of Time' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Final Determination at Hearing

Legal Issues

  1. 1 ['Whether the applicants can apply for an extension of time to appeal when appeal rights have already been exhausted' 'Whether the application constitutes an abuse of process']

Ratio Decidendi

Because the applicants have already exercised their appeal rights regarding the orders of the primary judge, the proposed appeal is incompetent as an attempt to re-litigate past, finalised proceedings.

Court Disposition

application dismissed

Orders

  • ['The application for an extension of time to appeal filed by the second and third applicants is dismissed.' 'The second and third applicants pay the costs of the Minister, to be assessed in the absence of agreement.']