Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CDI15 v Minister for Immigration and Border Protection [2016] FCA 947 Appeal from: Application for leave to appeal: CDI15 v Minister for Immigration & Anor [2016] FCCA 1129
File number: NSD 758 of 2016
Judge: COLLIER J
Date of judgment: 11 August 2016
Catchwords: MIGRATION – application for leave to appeal – claims of jurisdictional error and denial of natural justice broad and without particularisation – draft appeal grounds vague – Federal Court cannot undertake merits review – grounds of appeal not raise sufficient doubt regarding primary Judge's dealing with case – application for leave to appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2), 36(2)(aa), 424A, 425 Federal Court Rules 2011 (Cth) r 44.12(1)(a) Federal Circuit Court Rules 2001 (Cth) r 44.12
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Date of hearing: 11 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 28
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
Solicitor for the First Respondent: Ms C Saunders of DLA Piper Australia
Solicitor for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS NSD 758 of 2016
BETWEEN: CDI15 Applicant
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