Applicant S1494/2003 v Minister for Immigration & Citizenship [2008] FCA 286

The order of the Federal Magistrates Court dismissing the application pursuant to Rule 13.10(a) for having no reasonable prospect of success was interlocutory; hence, leave to appeal was required. Leave was refused as there was no arguable error in the Federal Magistrate's decision and no substantial injustice shown.

Jurisdiction: Australia
Judgment Date: 06 March 2008
Procedural Posture: Application for Leave to Appeal / Application for Leave to Appeal From Decision of Federal Magistrates Court
Outcome: Application for leave to appeal dismissed; costs order made against applicant
Legal Topics: ['leave to Appeal' 'interlocutory Vs Final Orders' 'jurisdiction of Refugee Review Tribunal']

['practice and Procedure' 'administrative Law'] ['leave to Appeal' 'interlocutory Vs Final Orders' 'jurisdiction of Refugee Review Tribunal']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Decision of Federal Magistrates Court

Legal Issues

1 ['Whether the order of dismissal by the Federal Magistrates Court was final or interlocutory for purposes of right of appeal' 'Whether leave to appeal was required' 'Whether leave to appeal should be granted']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed; costs order made against applicant

Orders

["The applicant's application for leave to appeal be dismissed." "The applicant pay the first respondent's costs."]