Plaintiff S3/2013 v Minister for Immigration and Citizenship

[2013] HCA 22
Judgment date
Case number
S3/2013
Before
Gageler J
Catchwords

Immigration – Judicial review of migration decision – Original jurisdiction of High Court – Abuse of process – Where application for judicial review of migration decision determined by Federal Magistrates Court and unsuccessfully appealed to Federal Court of Australia – Where appeal by special leave available to High Court – Where grounds of application raised or ought to have been raised before Federal Magistrates Court or Federal Court – Whether application an abuse of process.

Words and phrases – "abuse of process".

Constitution – ss 73, 75(v).

Migration Act 1958 (Cth) – s 476.

High Court Rules 2004 – r 27.09.4(c).

Files
22.rtf (105.27 KB)
22.pdf (37.73 KB)