SZDCF v Minister for Immigration and Citizenship [2007] FCA 2001

SZDCF v Minister for Immigration and Citizenship [2007] FCA 2001

The application for leave to appeal was dismissed as there was no apparent error in the Federal Magistrate's decision to dismiss the initial application as false, vexatious, and an abuse of process; thus, the appeal was deemed 'doomed to fail'.

Parties
Applicant: SZDCF; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Federal Magistrates Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Judicial Review, Leave to Appeal, Abuse of Process
Administrative Law Immigration Law Judicial Review Leave to Appeal Abuse of Process

Case Brief

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Parties

SZDCF

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether leave should be granted to appeal against dismissal of a judicial review application as false, vexatious, and an abuse of process

Ratio Decidendi

The application for leave to appeal was dismissed as there was no apparent error in the Federal Magistrate's decision to dismiss the initial application as false, vexatious, and an abuse of process; thus, the appeal was deemed 'doomed to fail'.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the Minister's costs fixed in the sum of $1000.