DCW19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 675

DCW19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 675

The applicant's grounds of appeal were expressed generally, lacked particularisation and evidentiary support, and did not demonstrate any arguable case or error in the primary judge's exercise of discretion. Consequently, there was no merit warranting extension of time or leave to appeal.

Jurisdiction
Australia
Judgment Date
15 June 2023
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether grounds for extension of time and leave to appeal exist' 'Whether Tribunal or primary judge failed to properly consider claims or provided procedural fairness' 'Whether sufficient doubt as to correctness of judgment below exists']

Ratio Decidendi

The applicant's grounds of appeal were expressed generally, lacked particularisation and evidentiary support, and did not demonstrate any arguable case or error in the primary judge's exercise of discretion. Consequently, there was no merit warranting extension of time or leave to appeal.

Court Disposition

Application dismissed

Orders

  • ['The name of the first respondent is changed to Minister for Immigration, Citizenship and Multicultural Affairs.' 'The application for an extension of time and leave to appeal is dismissed.' "The applicant is to pay the first respondent's costs, as agreed or taxed."]