SZDOI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1556

SZDOI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1556

The appeal was dismissed as incompetent because the appellant failed to apply for leave to appeal from an interlocutory judgment and did not properly address the basis for the judgment under appeal.

Parties
Appellant: SZDOI; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
23 November 2004
Procedural Posture
Appeal / Application to Dismiss Appeal as Incompetent
Outcome
Appeal dismissed as incompetent
Legal Topics
Abuse of Process, Issue Estoppel, Res Judicata, Leave to Appeal, Interlocutory Judgment
Administrative Law Immigration Law Abuse of Process Issue Estoppel Res Judicata Leave to Appeal Interlocutory Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

SZDOI

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Appeal / Application to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 Whether the appeal is incompetent due to lack of leave to appeal from an interlocutory judgment
  2. 2 Whether the second application constituted an abuse of process on grounds of Anshun estoppel and res judicata

Ratio Decidendi

The appeal was dismissed as incompetent because the appellant failed to apply for leave to appeal from an interlocutory judgment and did not properly address the basis for the judgment under appeal.

Court Disposition

Appeal dismissed as incompetent

Orders

  • The appeal be dismissed as incompetent.
  • The appellant pay the respondent's costs of the appeal, including the costs of her motion.