SZJTW v Minister for Immigration and Citizenship [2007] FCA 1166

SZJTW v Minister for Immigration and Citizenship [2007] FCA 1166

Leave to appeal was refused because the proposed appeal had no prospect of success: the Federal Magistrate's reasons disclosed no apparent legal error, the Tribunal's decision disclosed no apparent jurisdictional error, and the s 424A complaint could not found appellate relief.

Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Application for Leave to Appeal From a Decision of the Federal Magistrates Court of Australia / Application Dismissed
Outcome
The application was dismissed with costs fixed in favour of the first respondent.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'natural Justice' 'migration Act S 424 A' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Review' 'jurisdictional Error' 'natural Justice' 'migration Act S 424 A' 'leave to Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrates Court's interlocutory dismissal of the application for review." 'Whether the Tribunal failed to follow proper procedure, denied natural justice or committed jurisdictional error.' 'Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth).']

Ratio Decidendi

Leave to appeal was refused because the proposed appeal had no prospect of success: the Federal Magistrate's reasons disclosed no apparent legal error, the Tribunal's decision disclosed no apparent jurisdictional error, and the s 424A complaint could not found appellate relief.

Court Disposition

The application was dismissed with costs fixed in favour of the first respondent.

Orders

  • ['The application be dismissed.' "The applicants pay the first respondent's costs of the application." 'The costs referred to in Order 2 above be fixed at the sum of $1,100.00']