SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499

SZBQV v Minister for Immigration & Multicultural Affairs [2006] FCA 499

The application for leave to appeal was dismissed because the applicants failed to raise any arguable grounds or identify any error in the previous decision, and their conduct constituted an abuse of process by relitigating matters already determined.

Parties
Applicant: SZBQV; Applicant: SZBRC; Applicant: SZBRD; Applicant: SZBRE; Respondent: Minister for Immigration and Multicultural Affairs; Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs on an indemnity basis.
Legal Topics
Abuse of Process, Leave to Appeal, Finality of Litigation
Migration Law Abuse of Process Leave to Appeal Finality of Litigation

Case Brief

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Parties

SZBQV

Applicant

SZBRC

Applicant

SZBRD

Applicant

SZBRE

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Refugee Review Tribunal

Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal raised any arguable ground of appeal
  2. 2 Whether the proceedings constituted an abuse of process

Ratio Decidendi

The application for leave to appeal was dismissed because the applicants failed to raise any arguable grounds or identify any error in the previous decision, and their conduct constituted an abuse of process by relitigating matters already determined.

Court Disposition

Application for leave to appeal dismissed with costs on an indemnity basis.

Orders

  • Leave granted nunc pro tunc to substitute the name 'Minister for Immigration and Multicultural Affairs' for that of the Respondent.
  • Application for leave to appeal to Federal Court dismissed.