SZFEY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1763

SZFEY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1763

The notice of appeal disclosed no arguable ground of appeal, the appellant filed no submissions and did not appear, and there was nothing in the material before the Court to indicate that the appeal had any prospects of success. The proceeding was therefore dismissed pursuant to s 25(2B)(bb)(ii) of the Act.

Jurisdiction
Australia
Judgment Date
12 October 2005
Procedural Posture
Migration Protection Visa Appeal / Appeal to the Federal Court From Dismissal by the Federal Magistrates Court of an Application for Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'no Arguable Ground of Appeal' 'convention Related Persecution' 'state Protection']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'no Arguable Ground of Appeal' 'convention Related Persecution' 'state Protection']

Case Brief

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Procedural Posture

Migration Protection Visa Appeal / Appeal to the Federal Court From Dismissal by the Federal Magistrates Court of an Application for Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the notice of appeal disclosed any arguable ground of appeal from the Federal Magistrates Court decision' 'Whether there was any material indicating that the appeal had prospects of success' "Whether the Tribunal's decision involved reviewable error in refusing the appellant a protection visa"]

Ratio Decidendi

The notice of appeal disclosed no arguable ground of appeal, the appellant filed no submissions and did not appear, and there was nothing in the material before the Court to indicate that the appeal had any prospects of success. The proceeding was therefore dismissed pursuant to s 25(2B)(bb)(ii) of the Act.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs in the sum of $1950."]