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Difference between revisions of "Immigration Appeals (18:XI)"
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Immigration Appeals (18:XI) (view source)
Revision as of 20:17, 28 October 2016
, 20:17, 28 October 2016→D. Federal Court (Leave and Judicial Review)
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On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)). | On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge “certifies” a question as being of serious and general importance (s 74(d)). | ||
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