SZCEM v Minister for Immigration & Citizenship [2007] FCA 1999

SZCEM v Minister for Immigration & Citizenship [2007] FCA 1999

Leave to appeal was refused because it was not apparent that the Federal Magistrate erred in dismissing the application for judicial review, and the proposed appeal had no prospects of success.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs fixed in the sum of $850.
Legal Topics
['refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal']
['migration Law' 'administrative Law'] ['refugee Review Tribunal Jurisdiction' 'judicial Review' '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 should be granted to appeal from the Federal Magistrate's dismissal of the application for judicial review." "Whether the Federal Magistrate erred in dismissing the application for judicial review of the Tribunal's decision that it had no jurisdiction."]

Ratio Decidendi

Leave to appeal was refused because it was not apparent that the Federal Magistrate erred in dismissing the application for judicial review, and the proposed appeal had no prospects of success.

Court Disposition

Application for leave to appeal dismissed with costs fixed in the sum of $850.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the Minister's costs in the sum of $850."]