SZEVR v Minister for Immigration and Multicultural Affairs [2006] FCA 806

SZEVR v Minister for Immigration and Multicultural Affairs [2006] FCA 806

Moore J was not satisfied that the Federal Magistrate had erred in dismissing the application for the reasons given, and considered that there were no prospects of the applicants succeeding on appeal if leave were granted. The application for leave to appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against Judgment of a Federal Magistrate Dismissing an Application Challenging a Refugee Review Tribunal Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['refugee Review Tribunal Decision' 'leave to Appeal' 'privative Clause Decision' 'abuse of Process' 'anshun Estoppel']
['migration Law' 'administrative Law' 'appellate Procedure'] ['refugee Review Tribunal Decision' 'leave to Appeal' 'privative Clause Decision' 'abuse of Process' 'anshun Estoppel']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against Judgment of a Federal Magistrate Dismissing an Application Challenging a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against the Federal Magistrate's dismissal of the application challenging the Refugee Review Tribunal decision." "Whether there were prospects of success on appeal from the Federal Magistrate's decision."]

Ratio Decidendi

Moore J was not satisfied that the Federal Magistrate had erred in dismissing the application for the reasons given, and considered that there were no prospects of the applicants succeeding on appeal if leave were granted. The application for leave to appeal was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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