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BIA16 v Minister for Immigration and Border Protection [2018] FCA 95

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MIGRATION - application for leave to appeal from an order of the Federal Circuit Court ("FCC") - where the FCC had made an order dismissing an application for judicial review pursuant to r 44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth) because the application did not raise an arguable case for the relief claimed - where the applicant had applied to the FCC following a decision by the Administrative Appeals Tribunal affirming a decision by a delegate of the Minister to refuse to grant him a protection (class XA) visa - where the applicant claimed to fear persecution from the Sri Lankan authorities because of his suspected involvement with the Liberation Tigers of Tamil Eelam - whether sufficient doubt attends the correctness of the FCC's judgment and whether substantial injustice would be suffered by the applicant if leave to appeal were refused

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