SZBPF v Minister for Immigration and Citizenship [2007] FCA 1474

SZBPF v Minister for Immigration and Citizenship [2007] FCA 1474

The Federal Magistrate did not err in dismissing the judicial review application because no error was apparent in the Tribunal's decision that it had no jurisdiction to entertain the applicant's second review application; if leave were granted, the appeal had no prospects of success.

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'abuse of Process']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrate's dismissal of the application for judicial review." "Whether the Federal Magistrate erred in finding no error by the Refugee Review Tribunal in deciding it had no jurisdiction to entertain a second application for review of the delegate's decision."]

Ratio Decidendi

The Federal Magistrate did not err in dismissing the judicial review application because no error was apparent in the Tribunal's decision that it had no jurisdiction to entertain the applicant's second review application; if leave were granted, the appeal had no prospects of success.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $900."]