SZBPF v Minister for Immigration and Multicultural Affairs [2006] FCA 867

SZBPF v Minister for Immigration and Multicultural Affairs [2006] FCA 867

It was not apparent that the Federal Magistrate erred in dismissing the application for judicial review, and there were no prospects of the applicant succeeding in any appeal; leave to appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against a Federal Magistrate's Judgment Dismissing an Application for Judicial Review
Outcome
Application for leave to appeal dismissed.
Legal Topics
['refugee Review Tribunal Decision' 'judicial Review' 'abuse of Process' 'leave to Appeal' 'out of Time Application']
['immigration Law' 'administrative Law'] ['refugee Review Tribunal Decision' 'judicial Review' 'abuse of Process' 'leave to Appeal' 'out of Time Application']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against a Federal Magistrate's Judgment Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against the Federal Magistrate's dismissal of the judicial review application." 'Whether the Federal Magistrate erred in concluding that the judicial review application was an abuse of process.' 'Whether the application was incompetent because it was filed out of time.']

Ratio Decidendi

It was not apparent that the Federal Magistrate erred in dismissing the application for judicial review, and there were no prospects of the applicant succeeding in any appeal; leave to appeal was therefore dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The Refugee Review Tribunal be joined as second respondent.' 'The application for leave to appeal be dismissed.' "The applicants to pay the Minister's costs in the amount of $1,100."]