Federal Court of Australia
Federal Court of Australia
Tran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1628 Appeal from: Tran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 75
File number: NSD 193 of 2021
Judgment of: BROMWICH J
Date of judgment: 23 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – whether defects in notice of appeal could be cured by re-pleading – held: appellant had no reasonable prospects of successfully prosecuting – defects in notice of appeal could not be cured by re-pleading – appeal summarily dismissed with costs.
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Migration Act 1958 (Cth) ss 501(1), 501(3A), 501CA(4)
Cases cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hovhannisyan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 176 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60; 167 FCR 372 Riva NSW Pty Ltd v Official Trustee in Bankruptcy [2017] FCA 188 Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174; 265 FCR 177
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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