SZDJD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 121

SZDJD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 121

Leave to appeal was refused because the Federal Magistrate's decision was clearly correct: a final determination in earlier proceedings had found the RRT decision to be a privative clause decision, the further judicial review application was outside the time limits in s 477(1)(a), those limits could not be extended by any Court, and the draft grounds of appeal did not engage the decision.

Jurisdiction
Australia
Judgment Date
09 February 2005
Procedural Posture
Application for Leave to Appeal in Migration Proceedings / Application for Leave to Appeal From a Federal Magistrates Court Decision Dismissing a Further Judicial Review Application as Incompetent
Outcome
Application for leave to appeal refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'privative Clause Decision' 'time Limits for Judicial Review' 'leave to Appeal' 'summary Dismissal for Incompetency']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'privative Clause Decision' 'time Limits for Judicial Review' 'leave to Appeal' 'summary Dismissal for Incompetency']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal in Migration Proceedings / Application for Leave to Appeal From a Federal Magistrates Court Decision Dismissing a Further Judicial Review Application as Incompetent

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from Federal Magistrate Driver's decision of 29 November 2004." 'Whether the Federal Magistrates Court lacked jurisdiction because the further judicial review application was filed outside the time prescribed by s 477(1)(a) of the Migration Act 1958 (Cth).' 'Whether the RRT decision was a privative clause decision within the meaning of s 474 of the Migration Act 1958 (Cth).']

Ratio Decidendi

Leave to appeal was refused because the Federal Magistrate's decision was clearly correct: a final determination in earlier proceedings had found the RRT decision to be a privative clause decision, the further judicial review application was outside the time limits in s 477(1)(a), those limits could not be extended by any Court, and the draft grounds of appeal did not engage the decision.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • ['The application be dismissed with costs.']