Applicant S227 of 2003 v Minister for Immigration and Citizenship [2007] FCA 1997

The application for leave to appeal was refused because the Federal Magistrate did not err in dismissing the application for judicial review on the basis that it was an abuse of process and had no reasonable prospects of success.

Source-derived case information.

Parties: Applicant: Applicant S227 of 2003; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 13 December 2007
Procedural Posture: Application for Leave to Appeal / Judgment on Application for Leave to Appeal From the Federal Magistrates Court
Outcome: Application for leave to appeal dismissed
Legal Topics: Judicial Review, Abuse of Process, Refugee Status Determination

Immigration Law Administrative Law Judicial Review Abuse of Process Refugee Status Determination

Source-derived case record

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Parties

Applicant S227 of 2003

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal From the Federal Magistrates Court

Legal Issues

1 Whether leave to appeal should be granted from the Federal Magistrate's decision dismissing the application for judicial review
2 Whether the second application to the Tribunal was an abuse of process or had reasonable prospects of success

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed

Orders

The application for leave to appeal be dismissed.
The applicant pay the Minister's costs fixed in the sum of $850.

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