SZEHN v Minister for Immigration and Citizenship [2007] FCA 1451

SZEHN v Minister for Immigration and Citizenship [2007] FCA 1451

Leave to appeal was refused because the proposed appeal had no prospects of success: the Tribunal had already determined the applicant's review on the merits and had no jurisdiction or power to reconsider it, and the attempt to relitigate the matter was a clear abuse of the process of the court.

Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Migration Application for Leave to Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal Dismissed
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Jurisdiction' 'constitutional Writ Relief' 'leave to Appeal' 'abuse of Process' 'statutory Time Limits']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal Jurisdiction' 'constitutional Writ Relief' 'leave to Appeal' 'abuse of Process' 'statutory Time Limits']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether the applicant should have leave to appeal from the Federal Magistrates Court decision dismissing constitutional writ relief against the Refugee Review Tribunal's 2006 decision." "Whether the Refugee Review Tribunal had jurisdiction or power to consider a second application for review after it had already determined the applicant's review of the delegate's refusal of a protection visa." 'Whether the proceedings were an abuse of process.' 'Whether the Federal Magistrates Court application was barred by s 477 of the Migration Act 1958 (Cth).']

Ratio Decidendi

Leave to appeal was refused because the proposed appeal had no prospects of success: the Tribunal had already determined the applicant's review on the merits and had no jurisdiction or power to reconsider it, and the attempt to relitigate the matter was a clear abuse of the process of the court.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1,000."]