Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Przybylowski v Australian Human Rights Commission [2022] FCA 1249 File number(s): NSD 1187 of 2021
Judgment of: PERRY J
Date of judgment: 21 October 2022
Catchwords: ADMINISTRATIVE LAW – application for leave to appeal from a decision of a single judge of the Federal Court summarily dismissing an application for judicial review of a decision by the Australian Human Rights Commission – where grounds of application are not particularised and would have no prospects of success if leave to appeal were granted – where application fails to identify any arguable error in the reasons of the primary judge – application for leave to appeal dismissed PRACTICE AND PROCEDURE – application for adjournment by applicant refused in circumstances where not in the interests of justice to stay the proceeding indefinitely
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Human Rights Commission Act 1986 (Cth) Federal Court of Australia Act 1976 (Cth) Family Law Regulations 1984 (Cth) Federal Court Rules 2011 (Cth) International Covenant on Civil and Political Rights. Opened for signature 19 December 1966. 999 UNTS 171 (entered into force 23 March 1976)
Cases cited: Bibawi v Australian Human Rights Commission [2021] FCA 1476 Bibawi v Australian Human Rights Commission [2022] FCA 607 Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 Décor Corp Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 FEY17 v Minister for Home Affairs [2020] FCA 1014 FKV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1950 Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30 Minister of State for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273 Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473 Przybylowski v Australian Human Rights Commission [2020] FCA 198 WZATH v Minister for Immigration and Border Protection [2014] FCCA 612 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760
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