Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ortiz v Minister for Immigration and Border Protection [2015] FCA 427 Citation: Ortiz v Minister for Immigration and Border Protection [2015] FCA 427
Appeal from: Application for leave to appeal: Ortiz v Minister for Immigration and Border Protection [2014] FCCA 2994
Parties: SANTIAGO ORTIZ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: QUD 35 of 2015
Judge: WHITE J
Date of judgment: 7 May 2015
Catchwords: MIGRATION – application for leave to appeal – applicant seeking to appeal Federal Circuit Court's dismissal of application for judicial review of Migration Review Tribunal decision – whether impossible for applicant to satisfy visa criteria such that remission to MRT would be futile – whether MRT impermissibly failed to consider consequences of its decision – whether applicant was denied procedural fairness by FCC or MRT – whether MRT decision invalidated by delay or apprehended bias
Legislation: Family Law Act 1975 (Cth) s 61C Federal Circuit Court Rules 2001 (Cth) r 13.10(a) Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 104, 476 Migration Regulations 1994 (Cth) Sch 2 cl 820
Cases cited: Alcock v Commonwealth of Australia [2012] FCA 870 Applicant S 1494/2003 v Minister for Immigration and Citizenship [2008] FCA 286; (2008) 166 FCR 474 Craig v State of South Australia (1995) 184 CLR 163 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dietrich v The Queen (1992) 177 CLR 292 Fletcher v Minister for Immigration and Citizenship [2013] FCA 874 Minister for Immigration and Multicultural Affairs v Hayman [1999] FCA 217; (1999) 90 FCR 120 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1 Ortiz v Minister for Immigration and Citizenship [2011] FCA 1498; (2011) 224 FCR 583 Reisner v Bratt [2004] NSWCA 22 Samsung Electronics Co Ltd v Apple Inc [2013] FCAFC 138 SZAYG v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 90 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 SZDEK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 577 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158
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