SZBPB v Minister for Immigration and Citizenship [2007] FCA 449

SZBPB v Minister for Immigration and Citizenship [2007] FCA 449

Given the applicants' prior litigation in the Federal Magistrates Court, the Federal Court and the High Court challenging the Tribunal's decision, it was not apparent that the Federal Magistrate erred in dismissing the further judicial review application as an abuse of process; therefore leave to appeal, if necessary, was refused and the appeal was otherwise dismissed.

Jurisdiction
Australia
Judgment Date
27 March 2007
Procedural Posture
Appeal or Application for Leave to Appeal From the Federal Magistrates Court of Australia / Federal Court Orders and Reasons for Judgment
Outcome
Leave to appeal refused if necessary; appeal otherwise dismissed.
Legal Topics
['judicial Review of Refugee Review Tribunal Decision' 'abuse of Process' 'leave to Appeal' 'filing Restraint' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['judicial Review of Refugee Review Tribunal Decision' 'abuse of Process' 'leave to Appeal' 'filing Restraint' 'costs']

Case Brief

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Procedural Posture

Appeal or Application for Leave to Appeal From the Federal Magistrates Court of Australia / Federal Court Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the proceeding should be treated as an appeal or as an application for leave to appeal.' 'Whether the Federal Magistrate erred in dismissing the application for judicial review as an abuse of process.' 'Whether orders should be made restricting further filings concerning the Refugee Review Tribunal and delegate decisions.']

Ratio Decidendi

Given the applicants' prior litigation in the Federal Magistrates Court, the Federal Court and the High Court challenging the Tribunal's decision, it was not apparent that the Federal Magistrate erred in dismissing the further judicial review application as an abuse of process; therefore leave to appeal, if necessary, was refused and the appeal was otherwise dismissed.

Court Disposition

Leave to appeal refused if necessary; appeal otherwise dismissed.

Orders

  • ['Leave to appeal be refused if leave be necessary.' 'The appeal otherwise be dismissed.' "The applicants pay the first respondent's costs fixed in the sum of $1000." 'The name of the first respondent be amended to "Minister for Immigration and Citizenship".' "The Registry not accept for filing any application for...