Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Border Protection [2016] FCA 942 Appeal from: Application for leave to appeal: Singh v Minister for Immigration & Anor [2016] FCCA 28
File number(s): VID 120 of 2016
Judge(s): CHARLESWORTH J
Date of judgment: 12 August 2016
Catchwords: MIGRATION – application for judicial review dismissed by Federal Circuit Court on a show cause application made pursuant to r 44.12(1) of the Federal Circuit Court Rules – application for leave to appeal – where Federal Circuit Court independently reviewed a Tribunal's decision for arguable error in the absence of particularised grounds for judicial review – where no arguable case for judicial review raised for relief claimed – judgment of Federal Circuit Court not attended with sufficient doubt to warrant reconsideration
Legislation: Federal Circuit Court Rules 2001 (Cth), r 44.12 Federal Court of Australia Act 1976 (Cth), ss 24, 31A Federal Court Rules 2011 (Cth), rr 4.03, 26.01, Sch 3 Migration Act 1958 (Cth), ss 65, 357A, 476 Migration Regulations 1994 (Cth), Sch 1, Sch 2
Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 Khanam v Minister for Immigration and Citizenship [2009] FCA 966 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Singh v Minister for Immigration & Anor [2016] FCCA 28 Singh v Minister for Immigration and Border Protection [2016] FCA 611 SZFNK v Minister for Immigration and Multicultural Affairs [2006] FCA 1601 SZHTI v Minister for Immigration & Anor [2006] FMCA 41 SZHTI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 702 SZLSI v Minister for Immigration and Citizenship [2008] FCA 1052
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