SZJPG v Minister for Immigration and Citizenship [2008] FCA 1240

The application for leave to appeal was futile because the dismissal in the lower court was clearly sustainable as an abuse of process, and the grounds advanced for appeal had no reasonable prospects of success. Further, the applicants' persistent repetition of unsuccessful challenges warranted dismissal.

Jurisdiction: Australia
Judgment Date: 28 July 2008
Procedural Posture: Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome: Application dismissed with costs
Legal Topics: ['protection Visa' 'procedural Fairness' 'abuse of Process' 'jurisdiction' 'leave to Appeal']

['immigration Law' 'administrative Law'] ['protection Visa' 'procedural Fairness' 'abuse of Process' 'jurisdiction' 'leave to Appeal']

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Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

1 ['Whether leave to appeal should be granted against a decision of the Federal Magistrates Court dismissing an application as an abuse of process' 'Whether the application for leave to appeal was filed out of time' 'Whether the grounds of appeal disclose any reasonable argument for appeal']

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

['The application filed 3 July 2008 is dismissed as to the whole of the relief claimed by the applicants.' "The applicants pay the respondent Minister's costs of the Application."]