Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRWA v Minister for Immigration and Border Protection [2015] FCA 293 Citation: SZRWA v Minister for Immigration and Border Protection [2015] FCA 293
Appeal from: Application for leave to appeal: SZRWA v Minister for Immigration and Border Protection [2014] FCCA 2924
Parties: SZRWA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION
File number(s): NSD 1361 of 2014
Judge(s): GLEESON J
Date of judgment: 1 April 2015
Catchwords: MIGRATION – application for leave to appeal – second application for Protection (Class XA) visa refused – where applicant sought judicial review of decision – where primary judge found no arguable case for relief sought – whether reasonably arguable that second application valid – application dismissed – Migration Act 1958 (Cth), s 48A
Legislation: Federal Circuit Court Rules 2001 (Cth), r 44.12 Federal Court of Australia Act 1976 (Cth), s 24(1A) Migration Act 1958 (Cth), s 48A Migration Amendment (Complementary Protection) Act 2011 (Cth) Migration Amendment Act 2014 (Cth)
Cases cited: Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655; (1991) 33 FCR 397 Eltran Pty Ltd v Westpac Banking Corporation [1988] FCA 398; (1988) 32 FCR 195 House v R [1936] HCA 40; (1936) 55 CLR 499 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; (2000) 104 FCR 564 MZXGP v Minister for Immigration and Multicultural Affairs [2006] FCA 1075 Russo v Aiello [2003] HCA 53; (2003) 215 CLR 643 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; (2013) 212 FCR 235 SZRWA v Minister for Immigration and Citizenship [2013] FCCA 138 SZRWA v Minister for Immigration and Citizenship [2014] HCASL 14 SZRWA v Minister for Immigration, Multicultral Affairs and Citizenship [2013] FCA 834; (2013) 137 ALD 517
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