SZAPF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 553

SZAPF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 553

Leave to appeal must be refused as the application to challenge the delegate's decision was an abuse of process, having repeatedly raised issues already finally determined, and having no prospects of success.

Jurisdiction
Australia
Judgment Date
04 May 2006
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal
Outcome
application for leave to appeal dismissed with costs
Legal Topics
['judicial Review' 'abuse of Process' 'appeals' 'protection Visas']
['immigration Law' 'administrative Law'] ['judicial Review' 'abuse of Process' 'appeals' 'protection Visas']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the Federal Magistrates Court’s dismissal of an application for judicial review as an abuse of process']

Ratio Decidendi

Leave to appeal must be refused as the application to challenge the delegate's decision was an abuse of process, having repeatedly raised issues already finally determined, and having no prospects of success.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed at $1000.00."]