Motufoaki v Minister For Immigration, Citizenship, Migrant Services And Multicultural Affairs & Anor
[2023] HCASL 141
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
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