SZAMP v Minister for Immigration and Multicultural Affairs [2006] FCA 1315

SZAMP v Minister for Immigration and Multicultural Affairs [2006] FCA 1315

It was not apparent that the Federal Magistrate erred in concluding that the application was an abuse of process; because leave to appeal was required, leave was refused and the purported appeal was dismissed.

Jurisdiction
Australia
Judgment Date
05 October 2006
Procedural Posture
Application for Leave to Appeal and Purported Appeal From the Federal Magistrates Court of Australia / Federal Court Orders and Reasons on Leave to Appeal
Outcome
Application for leave to appeal dismissed; purported appeal dismissed; applicants ordered to pay the first respondent's costs fixed at $1,000.00; Refugee Review Tribunal joined as second respondent.
Legal Topics
['refugee Review Tribunal Review' 'judicial Review' 'abuse of Process' 'leave to Appeal' 'costs']
['immigration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal Review' 'judicial Review' 'abuse of Process' 'leave to Appeal' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Purported Appeal From the Federal Magistrates Court of Australia / Federal Court Orders and Reasons on Leave to Appeal

Legal Issues

  1. 1 ['Whether the Federal Magistrate erred in dismissing the application as an abuse of process.' 'Whether leave to appeal should be granted.']

Ratio Decidendi

It was not apparent that the Federal Magistrate erred in concluding that the application was an abuse of process; because leave to appeal was required, leave was refused and the purported appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed; purported appeal dismissed; applicants ordered to pay the first respondent's costs fixed at $1,000.00; Refugee Review Tribunal joined as second respondent.

Orders

  • ['The application for leave to appeal be dismissed.' 'The purported appeal be dismissed.' "The applicants pay the first respondent's costs fixed in the sum of $1,000.00." 'The Refugee Review Tribunal be joined as second respondent.']