MZWOQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1436

MZWOQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1436

Leave to appeal was required from the interlocutory judgment, and as no arguable basis of jurisdictional error was established against the Tribunal, leave to appeal was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
13 October 2005
Procedural Posture
Appeal / Interlocutory Appeal From Federal Magistrates Court to Federal Court
Outcome
appeal dismissed
Legal Topics
['protection Visas' 'judicial Review' 'leave to Appeal' 'interlocutory Judgments' 'jurisdictional Error']
['migration Law'] ['protection Visas' 'judicial Review' 'leave to Appeal' 'interlocutory Judgments' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Appeal From Federal Magistrates Court to Federal Court

Legal Issues

  1. 1 ['Whether leave to appeal is required from a refusal to reinstate an application in the Federal Magistrates Court' 'Whether there is any arguable basis to challenge the decision of the Refugee Review Tribunal on grounds of jurisdictional error']

Ratio Decidendi

Leave to appeal was required from the interlocutory judgment, and as no arguable basis of jurisdictional error was established against the Tribunal, leave to appeal was refused and the appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal." 'The Refugee Review Tribunal is joined as a respondent to the appeal.']