SZCLW v Minister for Immigration and Citizenship [2007] FCA 1019

SZCLW v Minister for Immigration and Citizenship [2007] FCA 1019

The Federal Magistrate did not err in dismissing the application for judicial review as the Tribunal had no jurisdiction for a second review; leave to appeal was refused as any appeal would be doomed to fail.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Decision of Federal Magistrates Court
Outcome
Application for leave to appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'abuse of Process']
['immigration Law'] ['protection Visa' 'judicial Review' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Decision of Federal Magistrates Court

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against dismissal of judicial review application' "Whether Tribunal had jurisdiction to review delegate's decision"]

Ratio Decidendi

The Federal Magistrate did not err in dismissing the application for judicial review as the Tribunal had no jurisdiction for a second review; leave to appeal was refused as any appeal would be doomed to fail.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The first and second applicants pay the Minister's costs." 'Costs in this matter be fixed in the sum of $1000.']