SZAYH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1414

The application for leave to appeal is manifestly hopeless and an abuse of process due to previous final judgments upholding the Tribunal decision; no new ground was raised that would justify fresh proceedings.

Jurisdiction: Australia
Judgment Date: 16 September 2005
Procedural Posture: Application for Leave to Appeal / Judgment
Outcome: application for leave to appeal dismissed with costs
Legal Topics: ['judicial Review' 'res Judicata' 'abuse of Process']

['administrative Law'] ['judicial Review' 'res Judicata' 'abuse of Process']

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

Procedural Posture

Application for Leave to Appeal / Judgment

Legal Issues

1 ['Whether leave to appeal should be granted for review of a Refugee Review Tribunal decision previously litigated' 'Whether the proceeding constitutes abuse of process due to prior final judgments' 'Whether new grounds have been raised supporting judicial review']

Ratio Decidendi

Court Disposition

application for leave to appeal dismissed with costs

Orders

['Refugee Review Tribunal added as second respondent.' 'Application for leave to appeal dismissed.' "Applicant to pay first respondent's costs assessed at $550." 'No further process to be received from the applicant seeking to review or disturb the Tribunal decision without prior leave of the Court.']