Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DEM16 v Minister for Immigration and Border Protection [2017] FCA 1115 Appeal from: DEM16 v Minister for Immigration & Anor [2017] FCCA 805
File number: QUD 152 of 2017
Judge: LOGAN J
Date of judgment: 4 August 2017
Catchwords: MIGRATION – application for an extension of time to appeal from an interlocutory decision of the Federal Circuit Court of Australia – application dismissed by primary judgment pursuant to r 13.10 of Federal Circuit Court Rules 2001 (Cth) – protection visa – whether reasonable prospects of success if extension of time granted – application dismissed MIGRATION – where appellant filed a notice of discontinuance in previous proceeding – where appellant then filed fresh application –whether second application an abuse of process – application dismissed APPEALS – application for review of decision to dismiss proceeding pursuant to r 13.10 of Federal Circuit Court Rules 2001 (Cth) – interlocutory decision – whether leave to appeal required – unnecessary to decide
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) Federal Circuit Court Rules 2001 (Cth) r 13.10
Cases cited: Zegarac v Rambaldi [2010] FCA 219
Date of hearing: 4 August 2017
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
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