Form of application
35.12 Form of application
A person who wants to apply for leave to appeal must file an application, in accordance with Form 117.
The application must be accompanied by the following:
the judgment or order from which leave to appeal is brought;
the reasons, if published, for the judgment or order;
an affidavit stating the facts that support the application;
a draft notice of appeal that complies with rules 36.01(1) and (2); and
if the applicant wants to have the application considered without oral argument—a statement to that effect.
A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958, signed by the lawyer.
File is defined in the Dictionary as meaning file and serve.
For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.
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