SZAVG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1767

SZAVG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1767

The application for leave to appeal was dismissed because the applicant could not identify any jurisdictional error by the Tribunal and the matter had already been litigated and determined; relitigation is not permitted in such circumstances.

Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Application for Leave to Appeal / Final Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
['judicial Review' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'relitigation']
['administrative Law' 'immigration Law'] ['judicial Review' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'relitigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against the summary dismissal of the application for review by the Refugee Review Tribunal' 'Whether there was any jurisdictional error by the Tribunal' 'Whether relitigation of the matter should be allowed']

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant could not identify any jurisdictional error by the Tribunal and the matter had already been litigated and determined; relitigation is not permitted in such circumstances.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs fixed at $600.00."]