SZBBM v Minister for Immigration and Multicultural Affairs [2006] FCA 1754

The application for leave to appeal was dismissed because the Federal Magistrate had dismissed the judicial review application on several grounds, including abuse of process, and it was not apparent that the Federal Magistrate erred in doing so.

Jurisdiction: Australia
Judgment Date: 14 December 2006
Procedural Posture: Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia; Application Dismissed
Outcome: Application dismissed with costs fixed at $500.
Legal Topics: ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'abuse of Process']

['immigration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'abuse of Process']

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Procedural Posture

Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia; Application Dismissed

Legal Issues

1 ["Whether leave should be granted to appeal from the Federal Magistrate's judgment dismissing an application for judicial review of the Refugee Review Tribunal decision." 'Whether the Federal Magistrate erred in dismissing the application, including on the ground that it constituted an abuse of process.']

Ratio Decidendi

Court Disposition

Application dismissed with costs fixed at $500.

Orders

['The application of 20 September 2006 be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $500."]