Federal Court of Australia
Federal Court of Australia
ALP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 816 Appeal from: ALP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3070
File number: NSD 1338 of 2020
Judgment of: LEE J
Date of judgment: 30 June 2021
Catchwords: MIGRATION – application for leave to appeal – where primary judge refused leave to rely on amended application and summarily dismissed proceeding – whether proposed amended application below raised an arguable ground of appeal – leave to appeal allowed – matter remitted to Federal Circuit Court to be determined according to law
Legislation: Acts Interpretation Act 1901 (Cth) s 33 Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 5J, 5H, 36
Cases cited: ALP20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3070Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156 DVO16 v Minister for Immigration and Border Protection [2019] FCAFC 17; (2019) 271 FCR 342 SZTVU v Minister for Home Affairs [2019] FCAFC 30; (2019) 268 FCR 497
Division: General Division
Registry: New South Wales
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