SZBKV v Minister for Immigration and Citizenship [2008] FCA 889

SZBKV v Minister for Immigration and Citizenship [2008] FCA 889

The application for leave to appeal was dismissed as it constituted an abuse of process, being an attempt to re-litigate issues already determined adversely to the applicant.

Parties
Applicant: SZBKV; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 May 2008
Procedural Posture
Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application dismissed
Legal Topics
Abuse of Process, Protection Visa, Leave to Appeal, Credibility Assessment
Administrative Law Immigration Law Abuse of Process Protection Visa Leave to Appeal Credibility Assessment

Case Brief

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Parties

SZBKV

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the Refugee Review Tribunal's 2005 decision
  2. 2 Whether the proceedings amount to an abuse of process
  3. 3 Whether the applicant's claims have been properly assessed by the Tribunal

Ratio Decidendi

The application for leave to appeal was dismissed as it constituted an abuse of process, being an attempt to re-litigate issues already determined adversely to the applicant.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant pay the first respondent's costs fixed in the sum of $1,100.