Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
COA17 v Minister for Immigration and Border Protection [2018] FCA 1330 Appeal from: Application for leave to appeal: COA17 v Minister for Immigration and Anor (No 2) [2018] FCCA 428
File number: NSD 338 of 2018
Judge: STEWARD J
Date of judgment: 28 August 2018
Catchwords: MIGRATION – application for Safe Haven Enterprise visa – where Immigration Assessment Authority affirmed decision of the Minister to refuse the visa – where Federal Circuit summarily dismissed and refused to reinstate application for judicial review – whether Federal Circuit Court committed jurisdictional error PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory decision of Federal Circuit Court – where Federal Circuit Court refused to reinstate application for judicial review – where Federal Circuit Court summarily dismissed application for non-appearance of the applicant
Legislation: Migration Act 1958 (Cth) s 36 Federal Circuit Court Rules 2001 (Cth) r 16.05 Federal Court Rules 2011 (Cth) r 1.34
Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v The King (1936) 55 CLR 499 Sandhu v Minister for Immigration and Border Protection [2015] FCA 1321
Date of hearing: 28 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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