SZCOZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 175

SZCOZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 175

The application for leave to appeal was dismissed because nothing before the Court suggested that the applicant had an arguable case that the Federal Magistrate's discretionary dismissal for non-attendance and non-compliance miscarried, and the reasons appeared to show a regular exercise of discretion.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Migration; Application for Leave to Appeal and Extension of Time Concerning Judicial Review of a Refugee Review Tribunal Decision / Federal Court Application for Leave to Appeal From a Federal Magistrate's Judgment Dismissed
Outcome
Application dismissed; applicant ordered to pay the respondent's costs fixed at $1000.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'default of Appearance' 'non Compliance With Court Orders' 'discretionary Dismissal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'default of Appearance' 'non Compliance With Court Orders' 'discretionary Dismissal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Migration; Application for Leave to Appeal and Extension of Time Concerning Judicial Review of a Refugee Review Tribunal Decision / Federal Court Application for Leave to Appeal From a Federal Magistrate's Judgment Dismissed

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's refusal to set aside orders dismissing the judicial review application for default of service and non-appearance." "Whether the applicant had an arguable case that the Federal Magistrate's discretionary dismissal miscarried." 'Whether the amended application raised a serious issue to be tried.']

Ratio Decidendi

The application for leave to appeal was dismissed because nothing before the Court suggested that the applicant had an arguable case that the Federal Magistrate's discretionary dismissal for non-attendance and non-compliance miscarried, and the reasons appeared to show a regular exercise of discretion.

Court Disposition

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

Orders

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