CWF19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 881

CWF19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 881

The application was dismissed for want of appearance and on the further substantive ground that the proposed appeal from the refusal to grant an extension of time for judicial review had no prospect of success, as there is no right of appeal from such a decision under s 476A(3) of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
31 July 2023
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal at Interlocutory Application Stage
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'appeals' 'default of Appearance' 'judicial Review' 'dismissal for Want of Appearance']
['migration Law' 'administrative Law'] ['extension of Time' 'appeals' 'default of Appearance' 'judicial Review' 'dismissal for Want of Appearance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal at Interlocutory Application Stage

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' 'Whether the prospective appeal has sufficient merit to warrant an extension' 'Effect of non-appearance by applicant at hearing']

Ratio Decidendi

The application was dismissed for want of appearance and on the further substantive ground that the proposed appeal from the refusal to grant an extension of time for judicial review had no prospect of success, as there is no right of appeal from such a decision under s 476A(3) of the Migration Act 1958 (Cth).

Court Disposition

Application dismissed with costs

Orders

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