SZCAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1482

SZCAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1482

Leave to appeal was refused because the applicant failed to demonstrate any error in Lloyd-Jones FM's reasons. The alleged error of law was not particularised, the Federal Magistrate was not wrong to find that the Tribunal had addressed the applicant's individual circumstances in relation to relocation, and the Tribunal's reasons disclosed that it discussed all relevant concerns with the applicant so there was no basis for asserting failure to observe statutory procedures.

Jurisdiction
Australia
Judgment Date
31 August 2005
Procedural Posture
Migration – Application for Leave to Appeal / Application for Leave to Appeal From a Federal Magistrates Court Judgment Refusing to Set Aside Summary Dismissal of an Application for Review of a Refugee Review Tribunal Decision
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'leave to Appeal' 'interlocutory Judgment' 'summary Dismissal' 'failure to Appear']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'leave to Appeal' 'interlocutory Judgment' 'summary Dismissal' 'failure to Appear']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration – Application for Leave to Appeal / Application for Leave to Appeal From a Federal Magistrates Court Judgment Refusing to Set Aside Summary Dismissal of an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether leave to appeal was required from the Federal Magistrates Court judgment refusing to set aside the dismissal order.' "Whether the applicant demonstrated error in the Federal Magistrate's reasoning concerning the Tribunal's relocation finding." 'Whether the applicant demonstrated that statutory procedures required for the Tribunal decision were not observed.' 'Whether the unparticularised grounds provided an acceptable basis for granting leave to appeal.']

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate any error in Lloyd-Jones FM's reasons. The alleged error of law was not particularised, the Federal Magistrate was not wrong to find that the Tribunal had addressed the applicant's individual circumstances in relation to relocation, and the Tribunal's reasons disclosed that it discussed all relevant concerns with the applicant so there was no basis for asserting failure to observe statutory procedures.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant to pay the respondent's costs, assessed at $600."]