MIGRATION application for extension of time to appeal whether adequate reason provided for delay whether proposed appeal meritorious
CMW15 v Minister for Immigration and Border Protection [2018] FCA 207
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BIZ16 v Minister for Immigration and Border Protection [2018] FCA 219
MIGRATION - application for extension of time and leave to appeal - whether adequate reason provided for delay - whether proposed appeal meritorious
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BGY15 v Minister for Immigration and Border Protection [2018] FCA 217
MIGRATION - appeal from a decision of the Federal Circuit Court - whether appellant can advance grounds of appeal not pursued before primary judge - whether detention on return to Sri Lanka for having departed illegally would result in persecution - whether Tribunal assessed appellant's claims - whether Tribunal erred by failing to provide the appellant with clean particulars and acted in haste - appeal dismissed
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Philipsen v American Medical Systems LLC [2018] FCA 246
PRACTICE AND PROCEDURE -- service of documents in a foreign country -- application for leave under r 10.43 of the Federal Court Rules 2011 (Cth) to serve originating application and statement of claim outside jurisdiction -- whether prima facie case for relief
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DJY16 v Minister for Immigration and Border Protection [2018] FCA 245
MIGRATION - the applicant came to Australia as a child - the applicant was convicted of criminal offences - the applicant's refugee visa was cancelled by a delegate of the Minister for Immigration and Border Protection under s 501(3A) of the Migration Act 1958 (Cth) - a delegate of the Minister declined to revoke the cancellation of the applicant's refugee visa pursuant to s 501CA(4) of the Migration Act - the Administrative Appeals Tribunal upheld the delegate's decision - the applicant applied to this Court for judicial review of the Tribunal's non-revocation decision - whether the Tribunal fell into jurisdictional error.
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Abate, in the matter of Chang Rajii v Chang Rajii (No 2) [2018] FCA 241
BANKRUPTCY AND INSOLVENCY - whether to grant relief under Arts 20 and 21 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law ("Model Law"), as given force by s 6 of the Cross-Border Insolvency Act 2008 (Cth), and entrust applicant with bankrupt's assets in jurisdiction - whether to recognise Chilean bankruptcy as a "foreign proceeding" or "foreign main proceeding" pursuant to the Model Law - Chilean proceeding recognised as both a foreign proceeding and a foreign main proceeding - whether to recognise applicant as "foreign representative" - applicant recognised as "foreign representative" - relief granted under Arts 20 and 21 of the Model Law
PRACTICE AND PROCEDURE - whether to release applicant from any Harman undertakings to permit use of information obtained in separate liquidation proceeding - applicant released as just to do so in circumstances
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BZH15 v Minister for Immigration and Border Protection [2018] FCA 236
MIGRATION - appeal from judgment of the Federal Circuit Court - whether error demonstrated - application for protection visa - whether Tribunal's decision was illogical or irrational - whether Tribunal failed to assess and weigh the evidence in two letters - whether Tribunal failed to provide an opportunity to give evidence and make submissions
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ANG15 v Minister for Immigration and Border Protection [2018] FCA 225
MIGRATION - Appeal from a decision of the Federal Circuit Court of Australia - Where appellant challenged Full Court of the Federal Court of Australia's decision in SZTAL v Minister for Immigration and Border Protection - Where appellant contended that there had been a failure to consider one of his claims - Whether primary judge erred in dismissing the appellant's application for judicial review - Appeal dismissed.
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Timu v Minister for Immigration and Border Protection [2018] FCA 214
MIGRATION application for judicial review of decision not to revoke decision to cancel applicants visa visa cancelled on character grounds pursuant to s 501(3A) of the Migration Act 1958 (Cth) whether Assistant Minister fell into jurisdictional error where no jurisdictional error raised where oral application for adjournment made in order to obtain legal representation where pro bono certificate issued application dismissed
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Weribone on behalf of the Mandandanji People v State of Queensland [2018] FCA 247
NATIVE TITLE consent determination under s 87 of the Native Title Act 1993 (Cth) that native title does not exist considerations relevant to court finding such determination to be appropriate under s 87(1A)
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AJQ16 v Minister for Immigration and Border Protection [2018] FCA 244
MIGRATION - appeal from a decision of the Federal Circuit Court of Australia - whether primary judge erred in failing to find that the Tribunal did not discharge its statutory obligation of review - whether Tribunal failed to satisfy itself that the appellant feared persecution for a convention reason - whether appellant would face a real risk of harm if returned to Sri Lanka - whether Tribunal failed to give proper, genuine and realistic consideration to an integer of claim apparent on the material before it - appeal allowed - decision quashed and review remitted for reconsideration according to law
PRACTICE AND PROCEDURE - circumstances in which a court may grant leave to an appellant to rely on grounds of appeal not advanced in the court below - appellant unrepresented in court below - appeal proposed seeking to raise a "pure question of law" - opposition confined to merits - merits established - leave granted
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BPL17 v Minister for Immigration and Border Protection [2018] FCA 221
MIGRATION - application for extension of time for leave to appeal decision of the Federal Circuit Court - fast-track reviewable decision -where delegate of Minister refused a Safe Haven Enterprise visa - where Immigration Assessment Authority affirmed decision of delegate - where IAA failed to consider applicant's claims and new information
Held: extension of time refused and appeal dismissed
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Elara v Assistant Minister for Immigration and Border Protection (No 2) [2018] FCA 265
MIGRATION - application dismissed
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SZWAY v Minister for Immigration and Border Protection [2018] FCA 268
MIGRATION - appeal from Federal Circuit Court - Protection (Class XA) visa - Tribunal overlooked important evidence given to delegate by applicant -jurisdictional error conceded during argument
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Hooton v Minister for Immigration and Border Protection (No 2) [2018] FCA 274
MIGRATION - application dismissed
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BQZ16 v Minister for Immigration and Border Protection [2018] FCA 261
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CEQ16 v Minister for Immigration and Border Protection [2018] FCA 259
MIGRATION - Application for extension of time to appeal - no appearance - rule 36.74 of the Federal Court Rules - applicant overseas - application dismissed
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AOG15 v Minister for Immigration and Border Protection [2018] FCA 270
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Manihera v Minister for Immigration and Border Protection (No 2) [2018] FCA 273
MIGRATION - application dismissed
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BUP16 v Minister for Immigration and Border Protection [2018] FCA 243
MIGRATION - Application for extension of time to appeal - Application dismissed.
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