SZTOG v Minister for Immigration and Border Protection [2018] FCA 112
The absence of any grounds of appeal filed or identified, either in the Notice of Appeal or at any point before or at hearing, rendered the appeal incompetent and it should be dismissed. The lawyer’s certification under s 486I was meaningless without identified grounds. The First and Second Appellants should pay the First Respondent’s costs.
- Jurisdiction
- Australia
- Judgment Date
- 21 February 2018
- Procedural Posture
- Appeal / Judgment After Appeal Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- ['notice of Appeal Requirements' "lawyer's Certification" 'incompetent Proceedings' 'costs in Migration Litigation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment After Appeal Hearing
Legal Issues
- 1 ['Whether an appeal can proceed without any grounds of appeal specified' 'Whether a lawyer’s certification under s 486I Migration Act 1958 (Cth) was sufficient where no grounds were provided' 'Whether lack of grounds renders appeal incompetent and liable to dismissal']
Ratio Decidendi
The absence of any grounds of appeal filed or identified, either in the Notice of Appeal or at any point before or at hearing, rendered the appeal incompetent and it should be dismissed. The lawyer’s certification under s 486I was meaningless without identified grounds. The First and Second Appellants should pay the First Respondent’s costs.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.' 'The First and Second Appellants are to pay the costs of the First Respondent.']
Full Case Text
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