NAHQ v Minister for Immigration & Multicultural & Indigenous Affairs

(2003) 134 FCR 377; [2003] FCAFC 297

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Interlocutory or final order
5. › Order dismissing application for order nisi for constitutional writ
6. › Whether interlocutory
7. › Federal Court Rules O 51A r 5
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory order
5. › Whether leave should be granted
6. › No prospects of success

Quick Take

An appeal from a Federal Court order dismissing an application for an order nisi for a constitutional writ (remitted from the High Court) requires leave to appeal, even where the application was heard as if for final relief under O 51A r 5.