SZBCE v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 562

SZBCE v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 562

The application for leave to appeal was dismissed as there was no arguable ground of appeal and it was found to be a further abuse of the Court's process since the matter had already been reviewed and determined at multiple stages.

Jurisdiction
Australia
Judgment Date
01 May 2006
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Federal Magistrates Court Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
['judicial Review' 'protection Visa' 'abuse of Process' 'leave to Appeal']
['administrative Law' 'immigration Law'] ['judicial Review' 'protection Visa' 'abuse of Process' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Federal Magistrates Court Judgment

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in relation to the dismissal of an application for review of a protection visa decision on grounds of abuse of process' 'Whether the proceedings constitute an abuse of process']

Ratio Decidendi

The application for leave to appeal was dismissed as there was no arguable ground of appeal and it was found to be a further abuse of the Court's process since the matter had already been reviewed and determined at multiple stages.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs on an indemnity basis, fixed in the sum of $1,722.00." 'No further application to this Court to review the decision of the delegate of the first respondent dated 12 April 2002 or to review of the decision of the...