Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
APL16 v Minister for Immigration and Border Protection [2016] FCA 1341 Appeal from: Application for leave to appeal: APL16 v Minister for Immigration & Anor [2016] FCCA 1806
File number: NSD 1188 of 2016
Judge: BARKER J
Date of judgment: 11 November 2016
Catchwords: MIGRATION – application for protection (class XA) visa – application for judicial review in Federal Circuit Court of Australia dismissed at show cause hearing – application for leave to appeal – whether primary judge's decision attended by sufficient doubt – whether substantial injustice caused if leave to appeal refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 5(1), 36(2), 36(2)(a), 36(2)(aa), 36(2A), 92R(1)(c) Federal Circuit Court Rules 2001 (Cth) rr 44.12, 44.12(1), 44.12(1)(a), 44.12(2)
Cases cited: Décor Corporation Pty Ltd and Another v Dart Industries Inc (1991) 33 FCR 397 House v R (1936) 55 CLR 499; [1936] HCA 40 Spencer v Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28
Date of hearing: 11 November 2016
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 67
Counsel for the Applicant: The Applicant appeared in person
Counsel for the First Respondent: Mr R White
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