SZDZX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 905

SZDZX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 905

The application for leave to appeal was dismissed because the applicant's protection visa claim was dependent on his wife's claim, his wife had failed in her judicial review and had been refused leave to appeal, and the applicant's application therefore had to fail for the same reasons expressed in SZEAH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 904.

Jurisdiction
Australia
Judgment Date
21 June 2005
Procedural Posture
Application for Leave to Appeal in an Immigration Judicial Review Matter / Leave to Appeal From an Interlocutory Judgment of the Federal Magistrates Court
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'interlocutory Judgment' 'failure to Comply With Court Orders']
['immigration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'interlocutory Judgment' 'failure to Comply With Court Orders']

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Procedural Posture

Application for Leave to Appeal in an Immigration Judicial Review Matter / Leave to Appeal From an Interlocutory Judgment of the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to appeal from an interlocutory judgment of the Federal Magistrates Court dismissing his judicial review application for failure to comply with orders.' "Whether the applicant's derivative claim for a protection visa could succeed when his wife's protection visa claim had failed."]

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant's protection visa claim was dependent on his wife's claim, his wife had failed in her judicial review and had been refused leave to appeal, and the applicant's application therefore had to fail for the same reasons expressed in SZEAH v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 904.

Court Disposition

Application for leave to appeal dismissed.

Orders

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