GPV18 v Minister for Home Affairs [2020] FCA 393

FEDERAL COURT OF AUSTRALIA

GPV18 v Minister for Home Affairs [2020] FCA 393 Appeal from: Application for leave to appeal: GPV18 v Minister for Home Affairs [2019] FCCA 1563

File number: NSD 971 of 2019

Judge: WIGNEY J

Date of judgment: 26 March 2020

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – whether substantial injustice would result if leave were refused assuming decision at first instance was wrong – whether decision at first instance was attended with sufficient doubt to justify its reconsideration on appeal – whether primary judge was correct to find that applicant's proposed grounds of review had no apparent merit or demonstrated an arguable case for relief sought – where applicant failed to identify any arguable ground of appeal in relation to dismissal of application by primary judge – where no meaningful submissions advanced in support of application – application dismissed MIGRATION – application for leave to appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision by Immigration Assessment Authority – where Immigration Assessment Authority affirmed decision to refuse a protection visa – application dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 13.03C(1)(c), 16.05(2)(c) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.12(2)(d) Migration Act 1958 (Cth) ss 473BB, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DC(1), 473DC(2), 473DC(3), 473DD, 473DF, 473EB, 473EB(3), 473FA(1), 473FA(2), 473GA, 473GB, 476, 476(1), 477, 477(2)(a), Pt 7AA Div 3