SZDLQ v Minister for Immigration and Citizenship [2007] FCA 1473

SZDLQ v Minister for Immigration and Citizenship [2007] FCA 1473

Leave to appeal was refused because the Federal Magistrate was correct to conclude that the Tribunal had no jurisdiction to entertain the applicant's second application for review of the delegate's 11 June 2003 refusal of a protection visa, as that decision had already been reviewed and affirmed by the Tribunal on 30 March 2004; any appeal was therefore doomed to fail.

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'restriction on Instituting Proceedings Without Leave']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'restriction on Instituting Proceedings Without Leave']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrate's dismissal of an application for judicial review." "Whether the Refugee Review Tribunal had jurisdiction to entertain a second application for review of the delegate's refusal to grant the applicant a protection visa where that decision had already been reviewed by the Tribunal."]

Ratio Decidendi

Leave to appeal was refused because the Federal Magistrate was correct to conclude that the Tribunal had no jurisdiction to entertain the applicant's second application for review of the delegate's 11 June 2003 refusal of a protection visa, as that decision had already been reviewed and affirmed by the Tribunal on 30 March 2004; any appeal was therefore doomed to fail.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1100." 'The applicant not institute any proceeding in the Federal Court of Australia related in any way to his protection visa application lodged on 25 March 2003, except by leave of the Court.']