SZBDK v Minister for Immigration and Multicultural Affairs [2006] FCA 855

Leave to appeal refused as no error by the Federal Magistrate on the conclusion of abuse of process, and no real prospects that any appeal would succeed.

Jurisdiction: Australia
Judgment Date: 14 June 2006
Procedural Posture: Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment
Outcome: Leave to appeal refused
Legal Topics: ['judicial Review' 'abuse of Process' 'leave to Appeal']

['administrative Law' 'immigration Law'] ['judicial Review' 'abuse of Process' 'leave to Appeal']

Case Brief

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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

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

Legal Issues

1 ['Whether the Federal Magistrate erred in dismissing the application for judicial review as an abuse of process' 'Whether leave to appeal should be granted']

Ratio Decidendi

Leave to appeal refused as no error by the Federal Magistrate on the conclusion of abuse of process, and no real prospects that any appeal would succeed.

Court Disposition

Leave to appeal refused

Orders

['Leave to appeal be refused' "The appellant to pay the first respondent's costs fixed in the sum of $1,200.00" 'The Refugee Review Tribunal be joined as a second respondent in these proceedings']