Al-Dmour v Minister for Immigration and Border Protection [2018] FCA 429

FEDERAL COURT OF AUSTRALIA

Al-Dmour v Minister for Immigration and Border Protection [2018] FCA 429 Appeal from: Application for leave to appeal: Al-Dmour v Minister for Immigration & Anor [2017] FCCA 1755

File number: NSD 1335 of 2017

Judge: WIGNEY J

Date of judgment: 13 March 2018

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal interlocutory judgment of Federal Circuit Court – whether leave to appeal should be granted – whether decision of primary judge attended by sufficient doubt to warrant it being reconsidered by an appellate court MIGRATION – judicial review – Partner (Class UK) visa – where application for judicial review dismissed by primary judge as raising no arguable case for relief – failure to consider claim – failure to engage in "active intellectual process" – failure to make an obvious enquiry, the existence of which could be easily ascertained

Legislation: Federal Circuit Court Rules 2001 (Cth), r 44.12 Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth), ss 476, 476A Migration Regulations 1994 (Cth), cl 820.211 of Schedule 2, criteria 3001, 3003 and 3004 of Schedule 3

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155