Applicant S1060 of 2003 v Minister for Immigration and Citizenship [2007] FCA 763

Applicant S1060 of 2003 v Minister for Immigration and Citizenship [2007] FCA 763

The application for leave to appeal was refused because the Federal Magistrate's decision was not attended by any doubt: the Tribunal had already reviewed the delegate's refusal of a protection visa and was functus officio, so it had no jurisdiction to entertain a second review application. In any event, refusing leave would cause no substantial injustice because the applicant had already had judicial review before Scarlett FM, consideration by Moore J, and his appeal rights had been exhausted.

Jurisdiction
Australia
Judgment Date
18 May 2007
Procedural Posture
Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal Application
Outcome
Application refused with costs; first respondent's name changed to Minister for Immigration and Citizenship.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'natural Justice' 'procedural Fairness' 'leave to Appeal' 'functus Officio' 'judicial Review']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'natural Justice' 'procedural Fairness' 'leave to Appeal' 'functus Officio' 'judicial Review']

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Procedural Posture

Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal Application

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory orders made by the Federal Magistrates Court under rule 44.12(1)(a) of the Federal Magistrates Court Rules.' "Whether the Refugee Review Tribunal had jurisdiction to entertain a second application for review of the same delegate's decision refusing a protection visa." 'Whether the applicant established an arguable denial of natural justice or procedural fairness arising from the Tribunal not conducting a hearing.']

Ratio Decidendi

The application for leave to appeal was refused because the Federal Magistrate's decision was not attended by any doubt: the Tribunal had already reviewed the delegate's refusal of a protection visa and was functus officio, so it had no jurisdiction to entertain a second review application. In any event, refusing leave would cause no substantial injustice because the applicant had already had judicial review before Scarlett FM, consideration by Moore J, and his appeal rights had been exhausted.

Court Disposition

Application refused with costs; first respondent's name changed to Minister for Immigration and Citizenship.

Orders

  • ['The name of the first respondent be changed to the Minister for Immigration and Citizenship.' 'The application be refused.' "The applicant pay the first respondent's costs of the application."]