SZBFW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1243

SZBFW v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1243

The appeal was dismissed as incompetent because it was from an interlocutory decision and no application for leave to appeal had been made; there was also default of appearance by the appellant.

Parties
Applicant: SZBFW; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
17 September 2004
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed as incompetent
Legal Topics
Protection Visa, Review by Refugee Review Tribunal, Appeal Dismissal, Default of Appearance
Administrative Law Immigration Law Protection Visa Review by Refugee Review Tribunal Appeal Dismissal Default of Appearance

Case Brief

Summary, issues, holding and outcome

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Parties

SZBFW

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appeal should be dismissed for default of appearance
  2. 2 Whether leave to appeal is required from an interlocutory decision
  3. 3 Whether there was actual bias or lack of evidence in the Tribunal’s decision

Ratio Decidendi

The appeal was dismissed as incompetent because it was from an interlocutory decision and no application for leave to appeal had been made; there was also default of appearance by the appellant.

Court Disposition

Appeal dismissed as incompetent

Orders

  • The appeal be dismissed
  • The applicant pay the respondent's costs