Motufoaki v Minister For Immigration, Citizenship, Migrant Services And Multicultural Affairs & Anor

MOTUFOAKI
v
MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS & ANOR
[2023] HCASL 141
M52/2023

The applicant requires an extension of time within which to apply for special leave to appeal from a decision of the Full Court of the Federal Court of Australia (Katzmann, Feutrill and Raper JJ), which dismissed an appeal from the Federal Court of Australia (Banks-Smith J). Banks-Smith J had dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed the decision of a delegate of the first respondent to refuse to revoke the cancellation of the applicant's Special Category (Temporary) visa. There is no reason to doubt the correctness of the decision of the unanimous Full Court. Accordingly, any appeal to this Court would enjoy no prospects of success and it would be futile to grant the extension of time sought. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

M.M. Gordon S.H.P. Steward

12 October 2023

CaseChat Overview and Summary

Motufoaki sought an extension of time to apply for special leave to appeal from a decision of the Full Court of the Federal Court of Australia, which had dismissed an appeal from the Federal Court of Australia. The Federal Court had dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed the decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the cancellation of Motufoaki's Special Category (Temporary) visa. Motufoaki sought an extension of time to apply for special leave to appeal from the Full Court's decision, which was dismissed.

The court was required to determine whether Motufoaki's application for an extension of time should be granted. The court noted that Motufoaki's application for special leave to appeal from the Full Court's decision would enjoy no prospects of success and would be futile. The court also noted that Motufoaki's application for judicial review of the Administrative Appeals Tribunal's decision had been dismissed by the Federal Court of Australia. The court held that Motufoaki's appeal to the Full Court of the Federal Court of Australia was also dismissed.

The court held that Motufoaki's application for an extension of time should be dismissed. The court held that Motufoaki's application for special leave to appeal from the Full Court's decision would enjoy no prospects of success and would be futile. The court held that Motufoaki's application for judicial review of the Administrative Appeals Tribunal's decision had been dismissed by the Federal Court of Australia. The court held that Motufoaki's appeal to the Full Court of the Federal Court of Australia was also dismissed. The court held that Motufoaki's application for an extension of time should be dismissed.

The court dismissed Motufoaki's application for an extension of time to apply for special leave to appeal from the Full Court's decision. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established