Yaacoub v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1493

Yaacoub v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1493

The application for extension of time and leave to appeal was dismissed because the proposed substantive ground of appeal lacked merit (the primary judge correctly determined there was no jurisdictional error in the delegate's refusal to waive condition 8503), and the proposed appeal lacked utility given subsequent approval of waiver by the Department of Home Affairs.

Jurisdiction
Australia
Judgment Date
30 November 2023
Procedural Posture
Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'waiver of Visa Condition 8503']
['migration'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'waiver of Visa Condition 8503']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory decision refusing judicial review of waiver of visa condition 8503' 'Whether proposed grounds of appeal have merit' 'Whether proposed appeal has utility']

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the proposed substantive ground of appeal lacked merit (the primary judge correctly determined there was no jurisdictional error in the delegate's refusal to waive condition 8503), and the proposed appeal lacked utility given subsequent approval of waiver by the Department of Home Affairs.

Court Disposition

Application dismissed with costs

Orders

  • ['The application for an extension of time and leave to appeal is dismissed.' "The applicant pay the respondent's costs, fixed in the amount of $4,000." "The name of the respondent be amended to read 'Minister for Immigration, Citizenship and Multicultural Affairs'."]