Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NBMV v Minister for Immigration and Citizenship [2012] FCA 1106 Citation: NBMV v Minister for Immigration and Citizenship [2012] FCA 1106
Appeal from: Application for leave to appeal: [NBMV] v Minister for Immigration and Citizenship [2012] FCA 806
Parties: NBMV v MINISTER FOR IMMIGRATION & CITIZENSHIP, SECRETARY, DEPARTMENT FOR IMMIGRATION & CITIZENSHIP and COMMONWEALTH OF AUSTRALIA
File number: NSD 1162 of 2012
Judge: NICHOLAS J
Date of judgment: 15 October 2012
Corrigendum: 17 October 2012
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory judgment – order of primary judge summarily dismissing applicant's claims for damages and declaratory relief – whether proposed appeal from interlocutory judgment has reasonable prospects of success – application for leave to appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 27, 31A(2) Federal Court Rules 2011 (Cth) r 26.01 Migration Act 1958 (Cth) ss 46(1)(d), 91X, 189, 501, 501E, 501F(3) Migration Regulations 1994 (Cth) cl 050.511(b)(iii)(A) of Sch 2 Limitation of Actions Act 1936 (SA) ss 35, 36, 48
Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Johnson Tiles Pty Limited v Esso Australia Pty Ltd (2000) 104 FCR 564 [NBMV] v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 389 [NBMV]v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1118 [NBMV] v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 65 [NBMV] v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1145 [NBMV] v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2005] FCA 1147 [NBMV] v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 19 Ruddock v Taylor (2005) 222 CLR 612 Adam P Brown Male Fashions Proprietary Limited v Philip Morris Inc (1981) 148 CLR 170 House v The King (1936) 55 CLR 499 The State of Queensland v Stephenson (2006) 226 CLR 197
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