Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ASW17 v Minister for Home Affairs [2018] FCA 1815 Appeal from: ASW17 v Minister for Immigration & Anor [2018] FCCA 1257
File number: WAD 306 of 2018
Judge: COLLIER J
Date of judgment: 22 November 2018
Catchwords: MIGRATION – notice of appeal from Federal Circuit Court – impermissible merits review – no appellable error identified PRACTICE AND PROCEDURE – request for pro bono assistance – whether appropriate to issue referral certificate – exercise of Court's discretion – grounds of appeal lack merit – request refused
Legislation: Federal Court Rules 2011 (Cth) r 4.12 Migration Act 1958 (Cth) ss 5H(1), 5J, 36(2)(a), 36(2)(aa), 473DC, Pt 7AA
Cases cited: ADF15 v Minister for Immigration and Border Protection [2018] FCA 1099 ASW17 v Minister for Immigration & Anor [2018] FCCA 1257 Attorney-General v Quin (1990) 170 CLR 1 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 DAY16 v Minister for Immigration and Border Protection [2018] FCA 1750 DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177 Fuller v Toms [2012] FCA 27; (2012) 247 FCR 440 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Stankovic v The Hills Shire Council [2013] FCA 765
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