SZJOW v Minister for Immigration & Citizenship [2007] FCA 790

SZJOW v Minister for Immigration & Citizenship [2007] FCA 790

Leave to appeal was refused as there was no arguable case of jurisdictional error or denial of procedural fairness by the Tribunal; the Federal Magistrate's assessment was correct and findings of fact by the Tribunal were open on the evidence.

Jurisdiction
Australia
Judgment Date
21 May 2007
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed. Orders made on 2 May 2007 set aside. Minister for Immigration and Citizenship substituted as first respondent. Applicants to pay costs of first respondent.
Legal Topics
['judicial Review' 'protection Visas' 'jurisdictional Error' 'procedural Fairness' 'leave to Appeal']
['administrative Law' 'migration Law'] ['judicial Review' 'protection Visas' 'jurisdictional Error' 'procedural Fairness' 'leave to Appeal']

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Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal committed jurisdictional error in rejecting the protection visa application' 'Whether there was denial of procedural fairness to the applicants' 'Whether leave to appeal should be granted from an interlocutory decision']

Ratio Decidendi

Leave to appeal was refused as there was no arguable case of jurisdictional error or denial of procedural fairness by the Tribunal; the Federal Magistrate's assessment was correct and findings of fact by the Tribunal were open on the evidence.

Court Disposition

Application for leave to appeal dismissed. Orders made on 2 May 2007 set aside. Minister for Immigration and Citizenship substituted as first respondent. Applicants to pay costs of first respondent.

Orders

  • ['The orders made in this matter on 2 May 2007 be set aside.' 'The Minister for Immigration and Citizenship be substituted for the Minister for Immigration and Multicultural Affairs as the first respondent to the application.' 'The application for leave to appeal be dismissed.' 'The applicants pay the costs of the...