Yang Yu v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1932

Yang Yu v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1932

The decision appealed from was interlocutory, so leave to appeal was required. The applicant did not demonstrate that the Federal Magistrate's refusal to set aside the earlier judgment was attended with sufficient doubt to warrant reconsideration on appeal, because the notice of appeal made only general assertions of procedural error and errors of law and the written submissions addressed only the merits of the Tribunal's factual findings rather than any error by the Magistrate.

Jurisdiction
Australia
Judgment Date
19 December 2005
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment of the Federal Magistrates Court
Outcome
Application for leave to appeal dismissed with costs fixed at $1500.00.
Legal Topics
['cancellation of Student (temporary) (class Tu) Visa' 'condition 8202' 'migration Review Tribunal Decision' 'dismissal for Non Appearance' 'application to Set Aside Judgment' 'leave to Appeal From Interlocutory Judgment']
['migration Law' 'administrative Law' 'appellate Procedure'] ['cancellation of Student (temporary) (class Tu) Visa' 'condition 8202' 'migration Review Tribunal Decision' 'dismissal for Non Appearance' 'application to Set Aside Judgment' 'leave to Appeal From Interlocutory Judgment']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the notice of appeal should be treated as an application for leave to appeal because the judgment appealed from was interlocutory.' "Whether leave to appeal should be granted from the Federal Magistrate's refusal to set aside the earlier judgment dismissing the application for judicial review."]

Ratio Decidendi

The decision appealed from was interlocutory, so leave to appeal was required. The applicant did not demonstrate that the Federal Magistrate's refusal to set aside the earlier judgment was attended with sufficient doubt to warrant reconsideration on appeal, because the notice of appeal made only general assertions of procedural error and errors of law and the written submissions addressed only the merits of the Tribunal's factual findings rather than any error by the Magistrate.

Court Disposition

Application for leave to appeal dismissed with costs fixed at $1500.00.

Orders

  • ['The application for leave to appeal by the applicant be dismissed.' "The applicant pay the respondent's costs for leave to appeal, including any costs associated with the notice of appeal." 'Costs are fixed at $1500.00.']