Federal Court of Australia
Federal Court of Australia
Przybylowski v Australian Human Rights Commission [2023] FCA 177 File number(s): NSD 274 of 2020
Judgment of: PERRY J
Date of judgment: 7 March 2023
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 applicant sought relief at first instance with respect to the Commission's failure to bring proceedings in the International Court of Justice– where proposed grounds of appeal are not particularised, utterly hopeless, and would have no prospects of success if leave to appeal were granted –where application below raised non-judiciable issue – application for leave to appeal dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Human Rights Commission Act 1986 (Cth) s 20(2)(ba) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 26.01
Cases cited: 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 Duncan v Secretary, Department of Family and Community Services [2007] FCA 507; (2007) 99 ALD 241 FEY17 v Minister for Home Affairs [2020] FCA 1014 Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30 Kaur v Sikh v Gurdwara Perth (Inc) [2017] WASC 270 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473 Przybylowski v Australian Human Rights Commission [2018] FCA 25 Przybylowski v Australian Human Rights Commission [2020] FCA 198 Przybylowski v Australian Human Rights Commission [2021] FCA 1398 Przybylowski v Australian Human Rights Commission [2022] FCA 1249 Przybylowski v Australian Human Rights Commission [2022] FedCFamC2G 1072 R v Australian Broadcasting Tribunal: Ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 SZTVU v Minister for Home Affairs [2018] FCA 1394 Thorpe v Commonwealth of Australia (No 3) [1997] HCA 21; (1997) 71 ALJR 767 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; (2022) 96 ALJR 819 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760
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