SZBWD v Minister for Immigration and Citizenship [2007] FCA 1023

SZBWD v Minister for Immigration and Citizenship [2007] FCA 1023

The application for leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in finding the judicial review application incompetent as out of time in relation to both decisions, and the applicant had no prospects of success if leave were granted.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application dismissed with costs fixed at $1000; Refugee Review Tribunal joined as second respondent.
Legal Topics
['judicial Review' 'refugee Review Tribunal' 'out of Time Application' 'leave to Appeal']
['migration Law' 'administrative Law'] ['judicial Review' 'refugee Review Tribunal' 'out of Time Application' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against the Federal Magistrate's judgment of 23 March 2007." "Whether the Federal Magistrate erred in dismissing as incompetent an application for judicial review of decisions of the Minister's delegate and the Refugee Review Tribunal because it was out of time." 'Whether the Refugee Review Tribunal should be joined as second respondent.']

Ratio Decidendi

The application for leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in finding the judicial review application incompetent as out of time in relation to both decisions, and the applicant had no prospects of success if leave were granted.

Court Disposition

Application dismissed with costs fixed at $1000; Refugee Review Tribunal joined as second respondent.

Orders

  • ['The application be dismissed.' "The applicant pay the Minister's costs." 'Costs be fixed in the sum of $1000.' 'The Refugee Review Tribunal be joined as second respondent.']