GPV18 v Minister for Home Affairs [2020] FCA 393
None of the applicant's proposed grounds for review were sufficiently arguable or demonstrated apparent merit to warrant leave to appeal; the applicant failed to provide a satisfactory explanation for non-appearance; the application for leave to appeal must be dismissed as no substantial injustice or sufficient doubt attended the primary judge's decision.
- Jurisdiction
- Australia
- Judgment Date
- 26 March 2020
- Procedural Posture
- Application for Leave to Appeal / Judgment on Leave Application
- Outcome
- application dismissed
- Legal Topics
- ['leave to Appeal' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Leave to Appeal / Judgment on Leave Application
Legal Issues
- 1 ['Whether substantial injustice would result if leave to appeal were refused' "Whether the primary judge's decision was attended with sufficient doubt to justify reconsideration" "Whether the applicant's proposed grounds of review had apparent merit or demonstrated an arguable case" 'Whether the applicant provided a satisfactory explanation for failure to appear at the first court date']
Ratio Decidendi
None of the applicant's proposed grounds for review were sufficiently arguable or demonstrated apparent merit to warrant leave to appeal; the applicant failed to provide a satisfactory explanation for non-appearance; the application for leave to appeal must be dismissed as no substantial injustice or sufficient doubt attended the primary judge's decision.
Court Disposition
application dismissed
Orders
- ["The applicant's application for leave to appeal be dismissed." "The applicant pay the first respondent's costs."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment