Khanji v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 543

Khanji v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 543

The applicant failed to provide an explanation for the delay in filing, and more importantly, the proposed grounds of appeal lacked merit, as no error in the primary judge's approach was identified. Further, refusal of the nomination application is fatal to the visa case under Migration Regulations 1994 (Cth) Sch 2 cl 186.233. Therefore, it is not in the interests of justice to grant an extension or leave to appeal.

Jurisdiction
Australia
Judgment Date
21 May 2024
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Leave to Appeal Out of Time From Interlocutory Decision of Federal Circuit Court
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'visa Refusal' 'nomination Refusal']
['migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'visa Refusal' 'nomination Refusal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave should be granted to appeal out of time from an interlocutory decision dismissing judicial review of a migration refusal' 'Whether proposed grounds of appeal have merit']

Ratio Decidendi

The applicant failed to provide an explanation for the delay in filing, and more importantly, the proposed grounds of appeal lacked merit, as no error in the primary judge's approach was identified. Further, refusal of the nomination application is fatal to the visa case under Migration Regulations 1994 (Cth) Sch 2 cl 186.233. Therefore, it is not in the interests of justice to grant an extension or leave to appeal.

Court Disposition

Application dismissed with costs

Orders

  • ['The name of the first respondent be changed to Minister for Immigration, Citizenship and Multicultural Affairs.' 'The application be dismissed.' "The applicant pay the first respondent's costs to be agreed or, failing agreement, to be taxed."]