SZDFW v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1821

Leave to appeal was refused because the proposed appeal had no prospect of success: the delegate's decision was no longer of significance after review by the Refugee Review Tribunal, and there was no possibility that a court would exercise discretion to set aside the delegate's decision.

Jurisdiction: Australia
Judgment Date: 09 December 2005
Procedural Posture: Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome: Application for leave to appeal dismissed with costs fixed at $700.00.
Legal Topics: ['protection Visa' 'judicial Review' 'refugee Review Tribunal' 'abuse of Process' 'summary Dismissal' 'leave to Appeal']

['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'refugee Review Tribunal' 'abuse of Process' 'summary Dismissal' 'leave to Appeal']

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

1 ["Whether leave should be granted to appeal against Smith FM's dismissal of the applicant's judicial review application as an abuse of process." "Whether there was any prospect of success in challenging the delegate's decision after it had been reviewed by the Refugee Review Tribunal."]

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs fixed at $700.00.

Orders

['The application for leave to appeal against the decision of Smith FM be dismissed with costs fixed at $700.00.']