SZBVE v Minister for Immigration & Citizenship [2007] FCA 364

SZBVE v Minister for Immigration & Citizenship [2007] FCA 364

The application for leave to appeal was dismissed because the applicant identified no error or sufficient doubt in the Federal Magistrate's judgment, the proposed appeal had no prospect of success, and no substantial injustice was shown if leave were refused.

Jurisdiction
Australia
Judgment Date
22 February 2007
Procedural Posture
Application for Leave to Appeal in Migration Proceedings / Federal Court Application for Leave to Appeal From a Federal Magistrates Court Judgment Dismissing Review Proceedings
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Decision' 'judicial Review' 'leave to Appeal' 'jurisdiction' 'migration Act Time Limit']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'refugee Review Tribunal Decision' 'judicial Review' 'leave to Appeal' 'jurisdiction' 'migration Act Time Limit']

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Procedural Posture

Application for Leave to Appeal in Migration Proceedings / Federal Court Application for Leave to Appeal From a Federal Magistrates Court Judgment Dismissing Review Proceedings

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the judgment of Federal Magistrate Raphael.' "Whether there was any sufficient doubt or error in the Federal Magistrate's reasons for dismissing the application." 'Whether the proposed appeal had any prospect of success or whether substantial injustice would result if leave were refused.']

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant identified no error or sufficient doubt in the Federal Magistrate's judgment, the proposed appeal had no prospect of success, and no substantial injustice was shown if leave were refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ["The name of the first respondent be changed to the 'Minister for Immigration and Citizenship'." 'The application for leave to appeal is dismissed.' "The applicant is to pay the first respondent's costs." 'Leave is granted to the first respondent to serve documentation in support of any application for fixed costs...