SZIXD v Minister for Immigration and Citizenship [2008] FCA 1047

SZIXD v Minister for Immigration and Citizenship [2008] FCA 1047

Leave to appeal was refused because the proposed appeal merely sought to re-agitate the same s 424A and jurisdictional error complaints that had already been rejected by the Federal Magistrates Court, the Federal Court and the High Court special leave process; it disclosed no substance or legitimate forensic purpose and was an abuse of process, frivolous and vexatious.

Jurisdiction
Australia
Judgment Date
09 July 2008
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Application Dismissed
Outcome
Application dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'migration Act 1958 (cth) S 424 A' 'abuse of Process' 'frivolous and Vexatious Proceedings' 'leave to Appeal']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visas' 'refugee Review Tribunal' 'migration Act 1958 (cth) S 424 A' 'abuse of Process' 'frivolous and Vexatious Proceedings' 'leave to Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court decision dismissing the applicants' proceeding as having no reasonable prospect of success and as an abuse of process." 'Whether the applicants could re-agitate an alleged breach of s 424A of the Migration Act 1958 (Cth) after earlier proceedings had finally determined the challenge to the Refugee Review Tribunal decision.' 'Whether orders should be made preventing further proceedings without leave.']

Ratio Decidendi

Leave to appeal was refused because the proposed appeal merely sought to re-agitate the same s 424A and jurisdictional error complaints that had already been rejected by the Federal Magistrates Court, the Federal Court and the High Court special leave process; it disclosed no substance or legitimate forensic purpose and was an abuse of process, frivolous and vexatious.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'The applicants pay the costs of the first respondent, fixed in the sum of $840.' 'The applicants file no further proceedings in this court without the leave of a judge of the court, or in the Federal Magistrates Court without the leave of a federal magistrate, seeking to challenge...