SZBUF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 732

SZBUF v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 732

Leave to appeal was refused because the applicant identified no grounds of substance, did not show that the Federal Magistrate's summary dismissal was attended by sufficient doubt, did not show that substantial injustice would result if leave were refused, and the material did not disclose jurisdictional error or a breach of s 424A(1) by the Tribunal.

Jurisdiction
Australia
Judgment Date
13 May 2005
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Judgment of a Federal Magistrate Summarily Dismissing an Application for Review
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal' 'jurisdictional Error' 'leave to Appeal From Interlocutory Judgment' 'summary Dismissal' 'migration Act S 424 A']
['migration' 'administrative Law' 'appellate Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal' 'jurisdictional Error' 'leave to Appeal From Interlocutory Judgment' 'summary Dismissal' 'migration Act S 424 A']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Judgment of a Federal Magistrate Summarily Dismissing an Application for Review

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrate's interlocutory summary dismissal of the applicant's review application." "Whether the Federal Magistrate's decision was attended by sufficient doubt to warrant reconsideration on appeal." "Whether substantial injustice would result if leave to appeal were refused, supposing the Federal Magistrate's decision to be wrong." 'Whether the Tribunal breached s 424A(1) of the Migration Act 1958 (Cth) or otherwise disclosed jurisdictional error.']

Ratio Decidendi

Leave to appeal was refused because the applicant identified no grounds of substance, did not show that the Federal Magistrate's summary dismissal was attended by sufficient doubt, did not show that substantial injustice would result if leave were refused, and the material did not disclose jurisdictional error or a breach of s 424A(1) by the Tribunal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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