SZDJA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 482

SZDJA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 482

Leave to appeal is refused because the applicant has not established any error of principle or miscarriage of discretion by the Federal Magistrate; no particulars of failure to accord natural justice or bad faith; the proceedings are considered an outright abuse of process after prior reviews and appeals have already been dismissed.

Jurisdiction
Australia
Judgment Date
02 May 2006
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal
Outcome
Application for leave to appeal refused; applicant ordered to pay fixed costs; applicant barred from instituting further proceedings without leave.
Legal Topics
['judicial Review' 'natural Justice' 'migration Act 1958' 'protection Visa' 'abuse of Process']
['administrative Law' 'migration Law'] ['judicial Review' 'natural Justice' 'migration Act 1958' 'protection Visa' 'abuse of Process']

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Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against dismissal of application for judicial review' 'Whether the Federal Magistrate failed to accord natural justice' 'Whether proceedings constituted an abuse of process']

Ratio Decidendi

Leave to appeal is refused because the applicant has not established any error of principle or miscarriage of discretion by the Federal Magistrate; no particulars of failure to accord natural justice or bad faith; the proceedings are considered an outright abuse of process after prior reviews and appeals have already been dismissed.

Court Disposition

Application for leave to appeal refused; applicant ordered to pay fixed costs; applicant barred from instituting further proceedings without leave.

Orders

  • ['The application for leave to appeal be refused.' "The applicant pay the respondents' costs of this application fixed in the amount of $1,300." 'The applicant may not institute any proceedings against the Minister for Immigration and Multicultural Affairs and her delegate or the Refugee Review Tribunal in respect...