SZAUV v Minister for Immigration and Citizenship [2007] FCA 1022

SZAUV v Minister for Immigration and Citizenship [2007] FCA 1022

The delegate's refusal of protection visas had already been reviewed by the Tribunal, which affirmed the delegate's decision on 2 June 2003. The Tribunal was therefore correct to decide in February 2007 that it had no jurisdiction to entertain a second review application, and no error was apparent in the Federal Magistrate's dismissal of the judicial review application as an abuse of process. Leave to appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed with costs fixed at $1100, payable by the first and second applicants only.
Legal Topics
['protection Visas' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'abuse of Process' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'abuse of Process' 'leave to Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the applicants should be granted leave to appeal against the Federal Magistrate's dismissal of their judicial review application as an abuse of process." "Whether the Refugee Review Tribunal had jurisdiction to entertain a second application for review of the delegate's refusal to grant protection visas."]

Ratio Decidendi

The delegate's refusal of protection visas had already been reviewed by the Tribunal, which affirmed the delegate's decision on 2 June 2003. The Tribunal was therefore correct to decide in February 2007 that it had no jurisdiction to entertain a second review application, and no error was apparent in the Federal Magistrate's dismissal of the judicial review application as an abuse of process. Leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs fixed at $1100, payable by the first and second applicants only.

Orders

  • ['The application for leave to appeal be dismissed.' "The first and second applicants pay the Minister's costs." 'Costs be fixed in the sum of $1100.']