Federal Court of Australia
Federal Court of Australia
AES20 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FCA 1448 Appeal from: AES20 v Minister for Immigration & Anor [2020] FCCA 2363
File number(s): NSD 1000 of 2020
Judgment of: CHEESEMAN J
Date of judgment: 23 November 2023
Catchwords: MIGRATION – application for leave to appeal interlocutory decision of the then Federal Circuit Court of Australia – where judicial review application summarily dismissed at show cause hearing – whether decision attended by sufficient doubt – whether substantial injustice would result from leave to appeal being refused – Held: application dismissed
Legislation: Federal Circuit Court Rules 2001 (Cth) rr 35.13, 44.12 Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 424AA(1)(b)(iii)
Cases cited: Deputy Commissioner of Taxation v Miraki [2022] FCAFC 96 GFV18 v Minster for Home Affairs [2019] FCA 1817 SZLXE v Minister for Immigration and Citizenship [2008] FCA 1312 SZTKB v Minister for Immigration and Border Protection [2014] FCA 653 VAUX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
Date of hearing: 14 November 2023
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