SZJOL v Minister for Immigration and Citizenship [2007] FCA 1881
Each application for leave to appeal was dismissed, primarily due to non-appearance by both applicants and lack of any identified error or arguable case. There was no utility in granting leave to appeal as the grounds did not reveal jurisdictional error or any breach of s 424A by the Tribunal.
- Jurisdiction
- Australia
- Judgment Date
- 19 November 2007
- Procedural Posture
- Application for Leave to Appeal / Dismissal of Applications for Want of Appearance
- Outcome
- applications dismissed with costs
- Legal Topics
- ['protection Visa' 'jurisdictional Error' 'leave to Appeal' 'procedural Fairness' 'notice Under S 424 a Migration Act']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Leave to Appeal / Dismissal of Applications for Want of Appearance
Legal Issues
- 1 ['Whether the Federal Magistrate erred in failing to find jurisdictional error on the part of the Refugee Review Tribunal' 'Whether s 424A of the Migration Act 1958 (Cth) was breached by the Tribunal' 'Whether there was adverse undisclosed information used by the Tribunal contrary to s 424A of the Act' 'Whether there was utility in granting leave to appeal after non-appearance']
Ratio Decidendi
Each application for leave to appeal was dismissed, primarily due to non-appearance by both applicants and lack of any identified error or arguable case. There was no utility in granting leave to appeal as the grounds did not reveal jurisdictional error or any breach of s 424A by the Tribunal.
Court Disposition
applications dismissed with costs
Orders
- ['Both applications be dismissed with costs, to be taxed if not agreed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment