A v Minister for Immigration & Ethnic Affairs [1995] FCA 400

A v Minister for Immigration & Ethnic Affairs [1995] FCA 400

Leave to appeal was refused because the special circumstances of the matter made it an inappropriate vehicle for determining any point of principle of general application, and because the Minister's undertaking and the safeguards in the court rules meant the applicants had not demonstrated that granting leave would achieve any practical utility.

Jurisdiction
Australia
Judgment Date
16 May 1995
Procedural Posture
Application for Leave to Appeal From an Interlocutory Judgment / Leave to Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
['refugee Review Tribunal' 'non Publication and Anonymity Orders' 'confidentiality of Court Documents' 'leave to Appeal From Interlocutory Judgment']
['administrative Law' 'immigration and Refugee Law' 'civil Procedure'] ['refugee Review Tribunal' 'non Publication and Anonymity Orders' 'confidentiality of Court Documents' 'leave to Appeal From Interlocutory Judgment']

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Procedural Posture

Application for Leave to Appeal From an Interlocutory Judgment / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the interlocutory judgment discharging temporary orders prohibiting publication of the applicants' identities." 'Whether the circumstances showed sufficient utility or a point of principle of general application to justify leave to appeal.' "Whether safeguards including the Minister's undertaking and court rules concerning confidential documents reduced the practical utility of an appeal."]

Ratio Decidendi

Leave to appeal was refused because the special circumstances of the matter made it an inappropriate vehicle for determining any point of principle of general application, and because the Minister's undertaking and the safeguards in the court rules meant the applicants had not demonstrated that granting leave would achieve any practical utility.

Court Disposition

Application for leave to appeal refused.

Orders

  • ["The Minister's undertaking to the Court was noted." 'The application for leave to appeal was refused.' 'No order for costs was made.']