SZDUP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 814

SZDUP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 814

Leave to appeal was refused because the applicant did not establish an arguable case that the Federal Magistrate wrongly exercised the discretion to dismiss the application for non-attendance, and the papers disclosed no arguable jurisdictional error by the Refugee Review Tribunal; any appeal would have no realistic prospects of success.

Jurisdiction
Australia
Judgment Date
07 June 2005
Procedural Posture
Application for Leave to Appeal in a Migration Matter / Leave to Appeal From Federal Magistrates Court Dismissal for Non Attendance
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'leave to Appeal' 'dismissal for Non Attendance']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'leave to Appeal' 'dismissal for Non Attendance']

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Procedural Posture

Application for Leave to Appeal in a Migration Matter / Leave to Appeal From Federal Magistrates Court Dismissal for Non Attendance

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the Federal Magistrates Court order dismissing the review application for non-attendance.' 'Whether there was an arguable case that the Federal Magistrates Court wrongly exercised its discretion under rule 13.03A(c) of the Federal Magistrates Court Rules.' 'Whether the papers disclosed any arguable case of jurisdictional error by the Refugee Review Tribunal.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not establish an arguable case that the Federal Magistrate wrongly exercised the discretion to dismiss the application for non-attendance, and the papers disclosed no arguable jurisdictional error by the Refugee Review Tribunal; any appeal would have no realistic prospects of success.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.']