SZBCB v Minister for Immigration & Multicultural Affairs [2006] FCA 1009

SZBCB v Minister for Immigration & Multicultural Affairs [2006] FCA 1009

The application for leave to appeal was dismissed because the applicant's proposed appeal had absolutely no prospect of success, the matters raised had already been canvassed in proceedings culminating in refusal of special leave by the High Court, no prejudice had been suffered, and the Federal Magistrates Court proceedings were incompetent because they were filed outside the period allowed under s 477 of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
11 July 2006
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia in a Migration Matter / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'out of Time Application' 'vexatious Proceedings' 'abuse of Process']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'out of Time Application' 'vexatious Proceedings' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia in a Migration Matter / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court decision dismissing the applicant's further challenge to the Refugee Review Tribunal decision." 'Whether the Federal Magistrates Court proceeding was filed outside the time allowed by s 477 of the Migration Act 1958 (Cth), as affected by schedule 1 clause 42 of the Migration Litigation Reform Act 2005.' "Whether the Tribunal failed to consider the applicant's claimed well-founded fear of persecution in Bangladesh and claim to be a stateless Bihari." 'Whether there was a failure to accord procedural fairness under s 424A of the Migration Act 1958 (Cth).' 'Whether the further proceeding was vexatious and an abuse of process.']

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant's proposed appeal had absolutely no prospect of success, the matters raised had already been canvassed in proceedings culminating in refusal of special leave by the High Court, no prejudice had been suffered, and the Federal Magistrates Court proceedings were incompetent because they were filed outside the period allowed under s 477 of the Migration Act 1958 (Cth).

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.' 'Costs be fixed in the sum of $900.' 'The applicant not file any further proceeding in this court seeking to challenge the decision of the Refugee Review Tribunal made on 12 June 2003 and handed down on 9 July 2003 or the decision of the delegate of the...