SZCOT v Minister for Immigration & Multicultural & Indigenous Affairs 2004 FCA 1771

SZCOT v Minister for Immigration & Multicultural & Indigenous Affairs 2004 FCA 1771

There was no error on the part of Federal Magistrate Driver in upholding the objection to competency or in considering the matter an abuse of process. The application was made well outside statutory time limits and substantially repeated matters already determined.

Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Application for Leave to Appeal / Leave to Appeal (interlocutory Order)
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'abuse of Process' 'natural Justice' 'time Limits']
['migration Law'] ['protection Visa' 'judicial Review' 'abuse of Process' 'natural Justice' 'time Limits']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal (interlocutory Order)

Legal Issues

  1. 1 ['Whether leave to appeal from orders made by Federal Magistrate Driver should be granted' 'Whether the application before the Federal Magistrates Court was incompetent as being out of time and concerning a privative clause decision' 'Whether the proceedings in the Federal Magistrates Court constituted an abuse of process' 'Whether there was a denial of natural justice or breach of s 418(3) of the Migration Act 1958 (Cth)']

Ratio Decidendi

There was no error on the part of Federal Magistrate Driver in upholding the objection to competency or in considering the matter an abuse of process. The application was made well outside statutory time limits and substantially repeated matters already determined.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal filed on 17 September 2004 be dismissed.' "The applicant pay the respondent's costs fixed in the sum of $600."]