QJMV v Minister for Home Affairs [2021] FCA 255

Federal Court of Australia

QJMV v Minister for Home Affairs [2021] FCA 255 Appeal from: Application for leave to appeal: QJMV v Minister for Home Affairs [2021] FCA 136

File number(s): VID 13 of 2021

Judgment of: JAGOT J

Date of judgment: 12 March 2021

Date of publication of reasons 19 March 2021

Catchwords: PRACTICE AND PROCEDURE – whether primary judge's order for interrogatories attended with sufficient doubt to warrant reconsideration by Full Court – question of general importance – whether interrogatories made on basis of "bare assertion" where Minister exercising personal powers under Migration Act 1958 (Cth) – whether substantial injustice would result if leave refused – application dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2019) 271 FCR 595 Australian Securities Commission v Somerville, ANZ, Jenkins & Johns [1994] FCA 339; (1994) 51 FCR 38 BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756 Folau v Minister for Immigration and Border Protection [2017] FCAFC 214; (2017) 256 FCR 455 House v The King [1936] HCA 40; (1936) 55 CLR 499 Mason v Minister for Home Affairs [2020] FCA 1787 Maxwell v Minister for Immigration and Border Protection [2016] FCA 47; (2016) 249 FCR 275 Minister for Immigration & Multicultural Indigenous Affairs v Wong [2002] FCAFC 327 O'Sullivan v Parkin [2008] FCAFC 134; (2008) 169 FCR 283 QJMV v Minister for Home Affairs [2021] FCA 136 SMEC Holdings Pty Ltd v Commissioner of the Australian Federal Police [2018] FCA 609 Treasurer of the Commonwealth of Australia v Canwest Global Communications Corp [1997] FCA 578 WA Pines Pty Ltd v Bannerman [1980] FCA 94; (1980) 41 FLR 175