SZAJB v Minister for Immigration and Citizenship [2008] FCAFC 75

SZAJB v Minister for Immigration and Citizenship [2008] FCAFC 75

Applications for judicial review were brought outside non-extendable statutory time limits imposed by s 477 Migration Act; decisions dismissing applications for want of jurisdiction are interlocutory, requiring leave to appeal, and further applications constituted abuse of process given prior failed litigation. Leave to appeal refused; appeals dismissed as incompetent.

Parties
Applicant: SZAJB; First Respondent: MINISTER FOR IMMIGRATION AND CITIZENSHIP; Second Respondent: REFUGEE REVIEW TRIBUNAL; First Appellant: SZABG; Second Appellant: SZABI; Cross Appellant: MINISTER FOR IMMIGRATION AND CITIZENSHIP; First Cross Respondent: SZABG; Second Cross Respondent: SZABI; Third Cross Respondent: REFUGEE REVIEW TRIBUNAL
Jurisdiction
Australia
Judgment Date
16 May 2008
Procedural Posture
Appeal From the Federal Magistrates Court (judicial Review Applications) / Application for Leave to Appeal and Appeal From Dismissal (federal Court)
Outcome
Applications for leave to appeal dismissed; appeals dismissed as incompetent; cross-appeal dismissed; orders as to costs made.
Legal Topics
Judicial Review, Protection Visa, Statutory Time Limits, Abuse of Process, Interlocutory Vs Final Orders, Constitutional Validity of Statutory Provisions
Administrative Law Migration Law Constitutional Law Judicial Review Protection Visa Statutory Time Limits Abuse of Process Interlocutory Vs Final Orders +1 more

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Parties

SZAJB

Applicant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

SZABG

First Appellant

SZABI

Second Appellant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Cross Appellant

SZABG

First Cross Respondent

SZABI

Second Cross Respondent

REFUGEE REVIEW TRIBUNAL

Third Cross Respondent

Procedural Posture

Appeal From the Federal Magistrates Court (judicial Review Applications) / Application for Leave to Appeal and Appeal From Dismissal (federal Court)

Legal Issues

  1. 1 Whether s 477 of Migration Act is constitutionally valid or should be read down
  2. 2 Whether dismissal for want of jurisdiction was interlocutory or final
  3. 3 Whether leave to appeal was required

Ratio Decidendi

Applications for judicial review were brought outside non-extendable statutory time limits imposed by s 477 Migration Act; decisions dismissing applications for want of jurisdiction are interlocutory, requiring leave to appeal, and further applications constituted abuse of process given prior failed litigation. Leave to appeal refused; appeals dismissed as incompetent.

Court Disposition

Applications for leave to appeal dismissed; appeals dismissed as incompetent; cross-appeal dismissed; orders as to costs made.

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the first respondent's costs of the application.