SZMIC v Minister for Immigration and Citizenship (No 2) [2010] FCA 800

SZMIC v Minister for Immigration and Citizenship (No 2) [2010] FCA 800

The applicants failed to establish any qualifying grounds sufficient to allow the court to set aside the consent orders; the merits of the underlying application and procedural fairness arguments did not arise in the absence of such grounds; there was no merit in the grounds for leave to appeal.

Parties
First Appellant: SZMIC; Second Appellant: SZMID; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
29 July 2010
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal
Outcome
application for leave to appeal dismissed with costs
Legal Topics
Judicial Review, Setting Aside Consent Orders, Procedural Fairness, Leave to Appeal
Administrative Law Judicial Review Setting Aside Consent Orders Procedural Fairness Leave to Appeal

Case Brief

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Parties

SZMIC

First Appellant

SZMID

Second Appellant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal

Legal Issues

  1. 1 Whether the Federal Magistrate erred in not setting aside consent orders in the interests of justice
  2. 2 Whether the Federal Magistrate erred in not admitting relevant evidence and affording procedural fairness

Ratio Decidendi

The applicants failed to establish any qualifying grounds sufficient to allow the court to set aside the consent orders; the merits of the underlying application and procedural fairness arguments did not arise in the absence of such grounds; there was no merit in the grounds for leave to appeal.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • The appellants' application for leave to appeal from the decision of the Federal Magistrates Court dated 29 March 2010, is dismissed.
  • The appellants are to pay the first respondent's costs.