CXT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter came before Blake J of the Federal Court of Australia concerning an application for review by the Applicant, a Tajik Shia from Afghanistan, against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Applicant had arrived in Australia in 2012 and applied for a visa in December 2015. A delegate of the Minister refused the visa in July 2016, a decision subsequently affirmed by the Administrative Appeals Tribunal in September 2016. The Applicant filed an application for review in the Federal Court in October 2016.

The primary legal issues before the Court were whether the Applicant should be granted leave to file and serve a Further Amended Application, which sought to introduce a fourth ground of review. This proposed fourth ground was based on an argument that was then the subject of an appeal before a Full Court of the Federal Court in a related matter, *BXT17 v Minister for Home Affairs*. The Court was also required to consider the Applicant's existing grounds of review (Grounds 1 and 2) from his Amended Application.

Blake J reasoned that the Applicant's proposed fourth ground of review was contingent on the outcome of the *BXT17* appeal. Following the Full Court's decision in *BXT17*, which dismissed the appeal, the parties agreed that the Applicant's proposed Ground Four must fail, as his circumstances were indistinguishable from the appellant in *BXT17*. Consequently, the Court found no merit in the proposed fourth ground.

Accordingly, Blake J refused leave to file and serve the Further Amended Application and dismissed the Applicant's Application in a Case. The Court proceeded to hear arguments on Grounds 1 and 2 of the Amended Application, but the ultimate outcome regarding these grounds is not detailed in the provided text.