Applicant A103/2003 v Minister for Immigration and Multicultural Affairs [2006]FCA 1757

The application for leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in concluding that the application was both incompetent and an abuse of process.

Jurisdiction: Australia
Judgment Date: 14 December 2006
Procedural Posture: Application for Leave to Appeal From a Judgment of the Federal Magistrates Court of Australia / Application Dismissed
Outcome: Application for leave to appeal dismissed with costs fixed at $700 payable by the applicant to the first respondent.
Legal Topics: ['leave to Appeal' 'refugee Review Tribunal' 'incompetent Application' 'abuse of Process' 'costs']

['migration Law' 'administrative Law'] ['leave to Appeal' 'refugee Review Tribunal' 'incompetent Application' 'abuse of Process' 'costs']

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Procedural Posture

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

Legal Issues

1 ['Whether leave to appeal should be granted from the judgment of the Federal Magistrate dated 4 October 2006.' 'Whether the Federal Magistrate erred in concluding that the application was both incompetent and an abuse of process.']

Ratio Decidendi

The application for leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in concluding that the application was both incompetent and an abuse of process.

Court Disposition

Application for leave to appeal dismissed with costs fixed at $700 payable by the applicant to the first respondent.

Orders

['The application of 25 October 2006 be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $700."]