SAAK v Minister for Immigration & Multicultural & Indigenous Affairs (No 4)

The case of SAAK v Minister for Immigration & Multicultural & Indigenous Affairs (No 4) involved an applicant seeking to amend their application for judicial review in relation to immigration matters. The respondent opposed the application due to its belatedness, but the court indicated it would consider the motion for summary judgment in light of the proposed amendment. The legal issues centred around whether the proposed amendment would provide the applicant with an arguable case, thereby preventing the motion for summary dismissal of the action from succeeding.

The court considered the principal argument of the applicant, which was based on the proposed amendment. The applicant argued that their application under section 417 of the Act had not been resolved, and this meant that the condition to the availability of the power to remove the applicant from Australia under section 198(6) of the Act did not exist. The applicant relied on the decision in VFAY v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 14, which the court found did not directly apply to the present circumstances.

The court concluded that the proposed amendment would not provide the applicant with an arguable case and that it would be pointless to allow it as it would then be struck out as disclosing no reasonable cause of action. Therefore, the application was dismissed.

ORDERS:
1. The application is dismissed.