SZDBT v Minister for Immigration and Citizenship [2007] FCA 1450

SZDBT v Minister for Immigration and Citizenship [2007] FCA 1450

The application for leave to appeal is dismissed because the tribunal's and previous courts’ decisions are final, there is no jurisdictional error, and the application constitutes an abuse of process by seeking to re-litigate matters already determined.

Parties
Applicant: SZDBT; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal From the Federal Magistrates Court
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Judicial Review, Protection Visas, Abuse of Process, Finality of Litigation
Administrative Law Immigration Law Judicial Review Protection Visas Abuse of Process Finality of Litigation

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Parties

SZDBT

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 From the Federal Magistrates Court

Legal Issues

  1. 1 Whether the application for leave to appeal should be granted in circumstances where there have been repeated unsuccessful proceedings concerning the same protection visa refusal
  2. 2 Whether there was a jurisdictional error affecting the Refugee Review Tribunal's decision
  3. 3 Whether further proceedings are an abuse of process

Ratio Decidendi

The application for leave to appeal is dismissed because the tribunal's and previous courts’ decisions are final, there is no jurisdictional error, and the application constitutes an abuse of process by seeking to re-litigate matters already determined.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant pay the first respondent's costs fixed in the sum of $1,000.