SZBOI v Minister for Immigration and Multicultural Affairs [2006] FCA 1298

SZBOI v Minister for Immigration and Multicultural Affairs [2006] FCA 1298

There was no genuine reason for reinstatement, nor reasonable prospect of success, as evidenced by the authority to withdraw and the lack of jurisdictional error in the Tribunal's decision; therefore, leave to appeal should be refused.

Jurisdiction
Australia
Judgment Date
03 October 2006
Procedural Posture
Judicial Review; Application for Leave to Appeal / Application for Leave to Appeal Against Dismissal of Reinstatement Application
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'reinstatement of Proceedings' 'leave to Appeal']
['migration Law'] ['protection Visa' 'judicial Review' 'reinstatement of Proceedings' 'leave to Appeal']

Case Brief

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Procedural Posture

Judicial Review; Application for Leave to Appeal / Application for Leave to Appeal Against Dismissal of Reinstatement Application

Legal Issues

  1. 1 ['Whether there was a genuine reason to reinstate proceedings dismissed by consent' 'Whether the applicant had a reasonable prospect of success on reinstatement' "Whether Tribunal's decision involved jurisdictional error"]

Ratio Decidendi

There was no genuine reason for reinstatement, nor reasonable prospect of success, as evidenced by the authority to withdraw and the lack of jurisdictional error in the Tribunal's decision; therefore, leave to appeal should be refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant pay the respondent's costs of the application."]