SZCKX v Minister for Immigration and Citizenship [2008] FCA 526

SZCKX v Minister for Immigration and Citizenship [2008] FCA 526

The Federal Magistrate correctly found the Tribunal was functus officio and had no power to entertain a further application by the applicant; no error was identified to warrant leave to appeal.

Parties
Applicant: SZCKX; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal Against Interlocutory Decision
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Refugee Status Determination, Abuse of Process, Functus Officio, Leave to Appeal
Administrative Law Immigration Law Judicial Review Refugee Status Determination Abuse of Process Functus Officio Leave to Appeal

Case Brief

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Parties

SZCKX

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal Against Interlocutory Decision

Legal Issues

  1. 1 Whether the Federal Magistrate's decision dismissing the judicial review application was attended by sufficient doubt to warrant leave to appeal
  2. 2 Whether the Refugee Review Tribunal had jurisdiction to consider a second application by the applicant
  3. 3 Whether the applicant was denied natural justice or the proceeding was an abuse of process

Ratio Decidendi

The Federal Magistrate correctly found the Tribunal was functus officio and had no power to entertain a further application by the applicant; no error was identified to warrant leave to appeal.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The Applicant pay the costs of the First Respondent.