NBGO v Minister for Immigration and Citizenship [2007] FCA 1758

NBGO v Minister for Immigration and Citizenship [2007] FCA 1758

The application's claims had already been finally determined in previous proceedings; attempting to re-litigate these was an abuse of process and provided no sufficient basis for leave to appeal, thus the application should be dismissed.

Parties
First Applicant: NBGO; Second Applicant: SZLFN; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application dismissed
Legal Topics
Res Judicata, Abuse of Process, Leave to Appeal, Protection Visa, Summary Dismissal, Jurisdiction
Migration Law Administrative Law Res Judicata Abuse of Process Leave to Appeal Protection Visa Summary Dismissal Jurisdiction

Case Brief

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Parties

NBGO

First Applicant

SZLFN

Second Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the decision of Raphael FM dismissing the application as an abuse of process was attended by sufficient doubt to warrant reconsideration
  2. 2 Whether substantial injustice would result if leave to appeal were refused
  3. 3 Whether claims were res judicata and re-litigation an abuse of process

Ratio Decidendi

The application's claims had already been finally determined in previous proceedings; attempting to re-litigate these was an abuse of process and provided no sufficient basis for leave to appeal, thus the application should be dismissed.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.