NAMJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1508

NAMJ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1508

Leave to appeal was refused because the applicant showed no sufficient basis for appeal and cast no doubt on the decisions of the Federal Magistrate or the Tribunal; as leave was not granted, the appeal was incompetent and was dismissed with costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 November 2002
Procedural Posture
Migration Appeal From Decision of Federal Magistrate Dismissing Application for Review of Refugee Review Tribunal Decision / Respondent's Notice of Motion Objecting to Competency of Notice of Appeal and Applicant's Application for Leave to Appeal
Outcome
Respondent's Notice of Motion allowed; leave to appeal refused; appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'competency of Appeal' 'non Compliance With Court Directions']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'competency of Appeal' 'non Compliance With Court Directions']

Source-derived case record

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Procedural Posture

Migration Appeal From Decision of Federal Magistrate Dismissing Application for Review of Refugee Review Tribunal Decision / Respondent's Notice of Motion Objecting to Competency of Notice of Appeal and Applicant's Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the Notice of Appeal was incompetent because leave to appeal from the Federal Magistrate's decision had not been granted pursuant to O 52 r 18 of the Federal Court Rules." "Whether leave to appeal should be granted from the Federal Magistrate's dismissal of the judicial review application." 'Whether any sufficient basis or doubt was shown in relation to the decisions of the Federal Magistrate or the Refugee Review Tribunal.']

Ratio Decidendi

Leave to appeal was refused because the applicant showed no sufficient basis for appeal and cast no doubt on the decisions of the Federal Magistrate or the Tribunal; as leave was not granted, the appeal was incompetent and was dismissed with costs.

Court Disposition

Respondent's Notice of Motion allowed; leave to appeal refused; appeal dismissed with costs.

Orders

  • ['The Notice of Motion filed by the respondent on 21 October 2002 is allowed.' 'Leave to appeal be refused.' 'The appeal be dismissed.' "The applicant pay the respondent's costs."]