Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sekigawa v Minister for Immigration and Border Protection [2016] FCA 127 Appeal from: Application for leave to appeal from: Sekigawa v Minister for Immigration & Anor [2015] FCCA 815
File number: NSD 393 of 2015
Judge: FLICK J
Date of judgment: 22 February 2016
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – decision of Migration Review Tribunal – decision of Tribunal correct – no meaningful prospect of relief being granted PRACTICE AND PROCEDURE – summary dismissal of proceeding seeking judicial review of Tribunal decision – arguable factual issues that could have been explored – appropriateness of summarily dismissing proceeding
Legislation: Migration Act 1958 (Cth), s 352(4) Federal Circuit Court of Australia Act 1999 (Cth), s 17A Federal Court of Australia Act 1976 (Cth), ss 24(1A), 31A Migration Regulations 1994 (Cth), Sch 2, cll 572, 572.211
Cases cited: Creditors of Antal-Air Pty Ltd v Antal-Air Pty Ltd [2004] FCAFC 303, (2004) 51 ACSR 473 House v The King (1936) 55 CLR 499 Mulligan v Virgin Australia Airlines Pty Ltd [2015] FCAFC 130 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139, (2010) 81 ATR 36 Sekigawa v Minister for Immigration & Anor [2015] FCCA 815 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26, (2007) 81 ALJR 1190 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142, (2013) 219 FCR 212
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