SZUYV v Minister for Immigration and Border Protection [2016] FCA 173

FEDERAL COURT OF AUSTRALIA

SZUYV v Minister for Immigration and Border Protection [2016] FCA 173 Application for Appeal from: SZUYV v Minister for Immigration & Anor [2015] FCCA 2624

File number: NSD 1199 of 2015

Judge: GLEESON J

Date of judgment: 3 March 2016

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal decision of the Federal Circuit Court of Australia ("FCCA") – dismissal of an application for judicial review of the Refugee Review Tribunal – principles governing leave to appeal – grounds of appeal are 'template' grounds – failure to identify any possible error on the part of the FCCA – application for leave to appeal dismissed MIGRATION – FCCA decision not attended by sufficient doubt to warrant reconsideration – leave to appeal a decision of the FCCA dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) Federal Circuit Court Rules 2001 (Cth)

Cases cited: AAX15 v Minister for Immigration and Border Protection [2015] FCA 1206 Allied Operations Pty Limited v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 Décor Corporation Pty Limited v Dart Industries Inc [1991] FCA 655 (1991) 33 FCR 397 Eltran Pty Limited v Westpac Banking Corporation [1988] FCA 398; (1998) 32 FCR 195 House v R [1936] HCA 40; (1936) 55 CLR 499 Johnson Tiles Pty Limited v Esso Australia Pty Limited [2000] FCA 1572; (2000) 104 FCR 564 MZXGP v Minister for Immigration and Multicultural Affairs [2006] FCA 1075 Russo v ILO [2003] HCA 53; (2003) 215 CLR 643 Samsung Electronics Co Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201