Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Masood v Minister for Immigration and Border Protection [2018] FCA 115 Appeal from: Application for leave to appeal: Masood v Minister for Immigration and Border Protection [2017] FCCA 1988
File number: VID 790 of 2017
Judge: TRACEY J
Date of judgment: 16 February 2018
Date of publication of reasons: 19 February 2018
Catchwords: MIGRATION – application for leave to appeal from a judgment of the Federal Circuit Court ("FCC") – where the FCC had made an order dismissing an application for judicial review pursuant to r 44.12 of the Federal Circuit Court Rules 2011 (Cth) because the application did not raise an arguable case for the relief claimed – where the applicants had applied to the FCC following a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister to refuse to grant the first applicant a skilled (provisional) (class VC) subclass 487 visa – where the first applicant had failed to satisfy the requirements for competent English set by the Migration Regulations 1994 (Cth) – whether sufficient doubt attends the correctness of the FCC's judgment and whether substantial injustice would be suffered by the applicants if leave to appeal were refused
Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12
Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 844 Masood v Minister for Immigration and Border Protection [2017] FCCA 1988
Date of hearing: 16 February 2018
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