SZAKL v Minister for Immigration and Citizenship [2007] FCA 886

The Federal Magistrate's conclusion that the judicial review application was an abuse of process was correct; there were no prospects of success for the appeal.

Parties: Applicant: SZAKL; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 08 June 2007
Procedural Posture: Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome: application dismissed
Legal Topics: Leave to Appeal, Judicial Review, Abuse of Process

Migration Law Leave to Appeal Judicial Review Abuse of Process

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 7 Party arguments 1 Amounts and remedies 1

Parties

SZAKL

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

1 Whether leave to appeal should be granted from the Federal Magistrate's dismissal of judicial review application as an abuse of process

Ratio Decidendi

The Federal Magistrate's conclusion that the judicial review application was an abuse of process was correct; there were no prospects of success for the appeal.

Court Disposition

application dismissed

Orders

The application be dismissed.
The applicant pay the first respondent's costs fixed in the sum of $800.