SZBRB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 565

SZBRB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 565

The application for leave to appeal must be dismissed as it is an abuse of process, attempting to re-litigate matters already finally determined with no legal basis for further challenge or error identified in the Tribunal decision.

Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal From Federal Magistrates Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['judicial Review' 'abuse of Process' 'protection Visa' 'finality of Litigation']
['administrative Law' 'migration Law'] ['judicial Review' 'abuse of Process' 'protection Visa' 'finality of Litigation']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the application is an abuse of process and should be struck out' 'Whether there is any basis for granting leave to appeal from the Federal Magistrate’s decision']

Ratio Decidendi

The application for leave to appeal must be dismissed as it is an abuse of process, attempting to re-litigate matters already finally determined with no legal basis for further challenge or error identified in the Tribunal decision.

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 at $1000.00."]