SZJPS v Minister for Immigration and Citizenship [2008] FCA 1014

SZJPS v Minister for Immigration and Citizenship [2008] FCA 1014

Leave to appeal was refused because no error was apparent in Federal Magistrate Scarlett's decision, the alleged jurisdictional errors in the Tribunal decision had already been thoroughly reviewed and rejected in prior proceedings, the current application had no reasonable prospects of success, and the renewed attempt to raise substantially the same grounds was an abuse of process.

Jurisdiction
Australia
Judgment Date
18 June 2008
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['judicial Review' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'leave to Appeal' 'no Reasonable Prospects of Success' 'abuse of Process']
['administrative Law' 'immigration Law' 'civil Procedure'] ['judicial Review' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'leave to Appeal' 'no Reasonable Prospects of Success' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal an interlocutory order of the Federal Magistrates Court dismissing the applicants' judicial review application." "Whether the Federal Magistrate's decision was attended by sufficient doubt and whether substantial injustice would result if leave were refused." "Whether the applicants' further attempt to review the Refugee Review Tribunal decision had reasonable prospects of success or constituted an abuse of process."]

Ratio Decidendi

Leave to appeal was refused because no error was apparent in Federal Magistrate Scarlett's decision, the alleged jurisdictional errors in the Tribunal decision had already been thoroughly reviewed and rejected in prior proceedings, the current application had no reasonable prospects of success, and the renewed attempt to raise substantially the same grounds was an abuse of process.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The adult applicants, SZJPS and SZJPT, pay the first respondent's costs of this application fixed in the sum of $700.00."]