SZDYE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 487

SZDYE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 487

Leave to appeal was refused because the draft notice of appeal stated no proper grounds, the applicant identified nothing in the Federal Magistrate's reasons indicating any possible ground of appeal could succeed, and his request for more time to obtain documents from China reinforced the Federal Magistrate's decision.

Jurisdiction
Australia
Judgment Date
11 April 2005
Procedural Posture
Application for Leave to Appeal From an Order of the Federal Magistrates Court Dismissing a Proceeding Pursuant to R 13.03 of the Federal Magistrates Court Rules / Leave to Appeal
Outcome
Leave to appeal refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Decision' 'summary Dismissal' 'leave to Appeal' 'failure to Comply With Directions']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal Decision' 'summary Dismissal' 'leave to Appeal' 'failure to Comply With Directions']

Case Brief

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Procedural Posture

Application for Leave to Appeal From an Order of the Federal Magistrates Court Dismissing a Proceeding Pursuant to R 13.03 of the Federal Magistrates Court Rules / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrates Court order dismissing the applicant's proceeding." 'Whether the draft notice of appeal disclosed proper grounds of appeal or any possible grounds that could succeed.']

Ratio Decidendi

Leave to appeal was refused because the draft notice of appeal stated no proper grounds, the applicant identified nothing in the Federal Magistrate's reasons indicating any possible ground of appeal could succeed, and his request for more time to obtain documents from China reinforced the Federal Magistrate's decision.

Court Disposition

Leave to appeal refused with costs.

Orders

  • ['Leave to appeal is refused with costs.']