SZCKL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 648

SZCKL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 648

No basis has been made out for any of the grounds advanced by the applicants. No sufficient doubt is raised with respect to the decision of the Federal Magistrate or the Tribunal. Any appeal would be futile and substantial injustice would not result if leave were refused. Leave to appeal should be refused.

Parties
First Applicant: SZCKL; Second Applicant: SZCKM; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
09 May 2005
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
Protection Visas, Judicial Review, Procedural Fairness
Immigration Law Administrative Law Protection Visas Judicial Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

SZCKL

First Applicant

SZCKM

Second Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal from interlocutory judgment should be granted
  2. 2 Whether there was any reviewable error by the Tribunal or the Federal Magistrate
  3. 3 Whether the Tribunal denied natural justice or failed to consider relevant claims

Ratio Decidendi

No basis has been made out for any of the grounds advanced by the applicants. No sufficient doubt is raised with respect to the decision of the Federal Magistrate or the Tribunal. Any appeal would be futile and substantial injustice would not result if leave were refused. Leave to appeal should be refused.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicants pay the respondent's costs of the application.