SZCKD v Minister for Immigration and Citizenship [2007] FCA 889

SZCKD v Minister for Immigration and Citizenship [2007] FCA 889

The Federal Magistrate was correct to conclude that the Refugee Review Tribunal had not erred in determining that it had no power to entertain the review application because the decision had already been reviewed by the Tribunal. As any appeal would have no prospects of success, the application treated as one for leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Application for Leave to Appeal in Migration Judicial Review Proceedings / Federal Court Application Treated as an Application for Leave to Appeal From a Federal Magistrate's Judgment Dismissing Judicial Review
Outcome
Application dismissed with costs fixed at $800 payable by the applicant to the first respondent.
Legal Topics
['refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'repeated Review Application']
['migration Law' 'administrative Law'] ['refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'repeated Review Application']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal in Migration Judicial Review Proceedings / Federal Court Application Treated as an Application for Leave to Appeal From a Federal Magistrate's Judgment Dismissing Judicial Review

Legal Issues

  1. 1 ['Whether the purported appeal should be treated as an application for leave to appeal.' 'Whether the Federal Magistrate was correct to conclude that the Refugee Review Tribunal had not erred in determining that it had no power to entertain an application for review of a decision earlier reviewed by the Tribunal.' 'Whether the proposed appeal had any prospects of success.']

Ratio Decidendi

The Federal Magistrate was correct to conclude that the Refugee Review Tribunal had not erred in determining that it had no power to entertain the review application because the decision had already been reviewed by the Tribunal. As any appeal would have no prospects of success, the application treated as one for leave to appeal was dismissed.

Court Disposition

Application dismissed with costs fixed at $800 payable by the applicant to the first respondent.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $800."]