SZDVU v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 646

SZDVU v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 646

Leave to appeal was refused because the applicant did not identify or support any jurisdictional error by the Tribunal or error by the Federal Magistrate, the Federal Magistrate's reasons showed that the application and Tribunal decision were considered, and the applicant did not satisfy the test for leave to appeal.

Jurisdiction
Australia
Judgment Date
09 May 2005
Procedural Posture
Application for Leave to Appeal in Protection Visa Review Proceedings / Application for Leave to Appeal From an Interlocutory Order of the Federal Magistrates Court Dismissing the Substantive Application
Outcome
Application for leave to appeal refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'leave to Appeal' 'dismissal for Failure to Comply With Court Orders' 'costs']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'leave to Appeal' 'dismissal for Failure to Comply With Court Orders' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal in Protection Visa Review Proceedings / Application for Leave to Appeal From an Interlocutory Order of the Federal Magistrates Court Dismissing the Substantive Application

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the Federal Magistrates Court order dismissing the application.' 'Whether the applicant identified any jurisdictional error by the Refugee Review Tribunal or error by the Federal Magistrate.' 'Whether substantial injustice would result if leave to appeal were refused.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not identify or support any jurisdictional error by the Tribunal or error by the Federal Magistrate, the Federal Magistrate's reasons showed that the application and Tribunal decision were considered, and the applicant did not satisfy the test for leave to appeal.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • ['The application for leave to appeal be refused with costs.' 'The respondent has leave to forward to chambers material setting out the costs sought and the basis upon which costs are sought.']