Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSP17 v Minister for Immigration and Border Protection [2018] FCA 1824 Appeal from: Application for leave to appeal: BSP17 v Minister for Immigration and Border Protection [2018] FCCA 912
File number: NSD 630 of 2018
Judge: FLICK J
Date of judgment: 26 November 2018
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where decision of the primary Judge an interlocutory decision – consideration of circumstances in which leave may be granted – whether the Applicants discharged onus
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 424A, 425 Federal Circuit Court Rules 2001 (Cth) r 44.12
Cases cited: BSP17 v Minister for Immigration and Border Protection [2018] FCCA 912 CFN15 v Minister for Immigration and Border Protection [2018] FCA 169 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ferdinands v South Australia [2017] FCA 32 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139, (2010) 81 ATR 36 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156, (2011) 217 FCR 238 SZTKB v Minister for Immigration and Border Protection [2014] FCA 653 Tyne v UBS AG [2016] FCA 241, (2016) 338 ALR 624
Date of hearing: 9 August 2018
Registry: New South Wales
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