Applicant S222 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 975

Applicant S222 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 975

Leave to appeal was refused because the application for review was filed out of time and would have no prospects if leave were granted. The Federal Magistrate's decision was not erroneous.

Parties
Applicant: Applicant S222 of 2003; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal
Outcome
application dismissed
Legal Topics
Protection Visa, Leave to Appeal, Time Limit for Appeals, Abuse of Process
Migration Law Protection Visa Leave to Appeal Time Limit for Appeals Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant S222 of 2003

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from the Federal Magistrate's decision
  2. 2 Whether the application for an order to show cause was incompetent by virtue of s 477(3) of the Migration Act 1958 (Cth)
  3. 3 Whether the proceeding constituted an abuse of process

Ratio Decidendi

Leave to appeal was refused because the application for review was filed out of time and would have no prospects if leave were granted. The Federal Magistrate's decision was not erroneous.

Court Disposition

application dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the costs of the first respondent.