SZCFU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 444

SZCFU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 444

Leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in dismissing the judicial review application, and nothing in the draft notice of appeal or application for leave suggested that the applicant had any arguable point to raise on appeal.

Jurisdiction
Australia
Judgment Date
23 March 2005
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From Dismissal of Judicial Review Application
Outcome
Application for leave to appeal dismissed; applicant ordered to pay respondent's costs fixed at $1000.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'jurisdictional Error']
['migration'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From Dismissal of Judicial Review Application

Legal Issues

  1. 1 ["Whether leave should be granted to appeal against the Federal Magistrate's dismissal of the judicial review application." 'Whether the Federal Magistrate erred in dismissing the judicial review application after the applicant failed to comply with directions to file an amended application particularising the grounds of review.' 'Whether the applicant had any arguable point to raise on appeal.']

Ratio Decidendi

Leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in dismissing the judicial review application, and nothing in the draft notice of appeal or application for leave suggested that the applicant had any arguable point to raise on appeal.

Court Disposition

Application for leave to appeal dismissed; applicant ordered to pay respondent's costs fixed at $1000.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs." 'Costs be fixed in the sum of $1000.']