SZCLL v Minister for Immigration and Citizenship [2007] FCA 1998

SZCLL v Minister for Immigration and Citizenship [2007] FCA 1998

It was not apparent that the Federal Magistrate erred in dismissing the judicial review application as an abuse of process, having regard to the history of earlier litigation concerning the Tribunal's decision; accordingly, leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['refugee Review Tribunal Decision' 'judicial Review' 'leave to Appeal' 'abuse of Process' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal Decision' 'judicial Review' 'leave to Appeal' 'abuse of Process' 'costs']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against the Federal Magistrate's dismissal of the judicial review application as an abuse of process."]

Ratio Decidendi

It was not apparent that the Federal Magistrate erred in dismissing the judicial review application as an abuse of process, having regard to the history of earlier litigation concerning the Tribunal's decision; accordingly, leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicants pay the Minister's costs fixed in the sum of $850."]