Applicant S1941/2003 v Minister for Immigration & Citizenship [2008] FCA 85

Applicant S1941/2003 v Minister for Immigration & Citizenship [2008] FCA 85

The applicant failed to demonstrate any error by the Federal Magistrate in concluding that the application had no reasonable prospects of success on any of the grounds raised, including changed circumstances in Bangladesh. Without error, no substantial injustice would result if the decision were not reviewed, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
01 February 2008
Procedural Posture
Application for Leave to Appeal Under Section 24(1 A) of the Federal Court of Australia Act 1976 (cth) in Migration Proceedings / On Appeal From the Federal Magistrates Court of Australia
Outcome
Application for leave to appeal dismissed.
Legal Topics
['refugee Review Tribunal Decision' 'application for Leave to Appeal' 'no Reasonable Prospect of Success' 'changed Circumstances in Bangladesh' 'costs']
['migration Law' 'administrative Law' 'appellate Procedure'] ['refugee Review Tribunal Decision' 'application for Leave to Appeal' 'no Reasonable Prospect of Success' 'changed Circumstances in Bangladesh' 'costs']

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Procedural Posture

Application for Leave to Appeal Under Section 24(1 A) of the Federal Court of Australia Act 1976 (cth) in Migration Proceedings / On Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Barnes FM's dismissal of the applicant's application for review of the tribunal's decision." 'Whether the Federal Magistrate erred in concluding that the application had no reasonable prospects of success, including in relation to changed circumstances in Bangladesh.' 'Whether substantial injustice would result if the Federal Magistrates Court decision were not reconsidered.']

Ratio Decidendi

The applicant failed to demonstrate any error by the Federal Magistrate in concluding that the application had no reasonable prospects of success on any of the grounds raised, including changed circumstances in Bangladesh. Without error, no substantial injustice would result if the decision were not reviewed, so leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['Application for leave to appeal be dismissed.' "Applicant to pay the first respondent's costs fixed in the sum of $1,200.00."]