SZDLQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1277

SZDLQ v Minister for Immigration and Multicultural Affairs [2006] FCA 1277

The applicant's renewed challenge to the Tribunal's decision, following prior litigation and refusal of special leave to the High Court, was impermissible and an abuse of process, and therefore leave to appeal must be refused.

Jurisdiction
Australia
Judgment Date
01 August 2006
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
application for leave to appeal dismissed with costs fixed at $1200
Legal Topics
['judicial Review' 'abuse of Process' 'leave to Appeal']
['administrative Law' 'migration Law'] ['judicial Review' 'abuse of Process' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal the decision of Nicholls FM refusing judicial review of the Refugee Review Tribunal's decision on the ground of abuse of process."]

Ratio Decidendi

The applicant's renewed challenge to the Tribunal's decision, following prior litigation and refusal of special leave to the High Court, was impermissible and an abuse of process, and therefore leave to appeal must be refused.

Court Disposition

application for leave to appeal dismissed with costs fixed at $1200

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed at $1200.00."]