SZJBN v Minister for Immigration and Citizenship [2007] FCA 868

No reviewable error was discernable in the Federal Magistrate's exercise of discretion in dismissing the application; leave to appeal was refused as no prospect of success was demonstrated.

Jurisdiction: Australia
Judgment Date: 05 June 2007
Procedural Posture: Judicial Review / Application for Leave to Appeal From Interlocutory Decision
Outcome: Application for leave to appeal dismissed
Legal Topics: ['protection Visa' 'judicial Review' 'leave to Appeal' 'exercise of Discretion']

['administrative Law' 'migration Law'] ['protection Visa' 'judicial Review' 'leave to Appeal' 'exercise of Discretion']

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Procedural Posture

Judicial Review / Application for Leave to Appeal From Interlocutory Decision

Legal Issues

1 ["Whether leave to appeal should be granted from the Federal Magistrates Court's interlocutory dismissal" 'Whether the Federal Magistrate erred in dismissing the application for reinstatement of judicial review for non-attendance']

Ratio Decidendi

No reviewable error was discernable in the Federal Magistrate's exercise of discretion in dismissing the application; leave to appeal was refused as no prospect of success was demonstrated.

Court Disposition

Application for leave to appeal dismissed

Orders

['The application for leave to appeal be dismissed.' 'The applicants pay the costs of the first respondent in the sum of $1000.']