SZCIX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1399

SZCIX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1399

No justification or arguable ground for the grant of leave to appeal was provided; the application disclosed no reasonable cause of action; in the circumstances, leave to appeal was refused and the appeal dismissed as incompetent.

Jurisdiction
Australia
Judgment Date
07 September 2004
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
Application for leave to appeal refused; notice of appeal dismissed as incompetent; costs ordered against applicants.
Legal Topics
['protection Visas' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']
['immigration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from dismissal of application for judicial review by the Federal Magistrates Court' 'Whether the original application disclosed any reasonable cause of action' 'Whether there was any error of law or jurisdictional error']

Ratio Decidendi

No justification or arguable ground for the grant of leave to appeal was provided; the application disclosed no reasonable cause of action; in the circumstances, leave to appeal was refused and the appeal dismissed as incompetent.

Court Disposition

Application for leave to appeal refused; notice of appeal dismissed as incompetent; costs ordered against applicants.

Orders

  • ['Leave to appeal be refused from the orders of Federal Magistrate Raphael made on 4 June 2004.' 'The notice of appeal be dismissed as incompetent.' "The applicants pay the Minister's costs of the application for leave and of the appeal in the sum of $3000."]