EKW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1414

EKW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1414

The application for leave to appeal must be dismissed because the applicant, being outside Australia with no right of return, cannot satisfy an essential criterion of the protection visa. There was no sufficient doubt about the summary dismissal and no substantial injustice would result from refusing leave. The case is futile and granting leave would serve no utility.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Migration Appeal / Application for Leave to Appeal From Summary Dismissal at Interlocutory Stage
Outcome
Application for leave to appeal dismissed
Legal Topics
['protection Visas' 'judicial Review' 'summary Dismissal' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'summary Dismissal' 'leave to Appeal']

Case Brief

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Procedural Posture

Migration Appeal / Application for Leave to Appeal From Summary Dismissal at Interlocutory Stage

Legal Issues

  1. 1 ["Whether the summary dismissal of the applicant's judicial review application should be overturned" 'Whether the applicant has grounds sufficient for leave to appeal' 'Whether substantial injustice would result from refusal of leave' "Whether summary dismissal was warranted given futility due to applicant's absence from Australia"]

Ratio Decidendi

The application for leave to appeal must be dismissed because the applicant, being outside Australia with no right of return, cannot satisfy an essential criterion of the protection visa. There was no sufficient doubt about the summary dismissal and no substantial injustice would result from refusing leave. The case is futile and granting leave would serve no utility.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs."]