SZFIO v Minister for Immigration and Citizenship [2007] FCA 891

SZFIO v Minister for Immigration and Citizenship [2007] FCA 891

The application for leave to appeal must be dismissed as the Federal Magistrate did not err in finding the Tribunal lacked jurisdiction and there are no prospects of success.

Parties
Applicant: SZFIO; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
application dismissed
Legal Topics
Judicial Review, Leave to Appeal, Protection Visa, Tribunal Jurisdiction, Finality of Litigation
Migration Law Judicial Review Leave to Appeal Protection Visa Tribunal Jurisdiction Finality of Litigation

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Parties

SZFIO

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Federal Magistrate erred in finding that the Refugee Review Tribunal had no jurisdiction
  2. 2 Whether leave to appeal should be granted where there are no prospects of success

Ratio Decidendi

The application for leave to appeal must be dismissed as the Federal Magistrate did not err in finding the Tribunal lacked jurisdiction and there are no prospects of success.

Court Disposition

application dismissed

Orders

  • The Refugee Review Tribunal be joined as a party.
  • The application be dismissed.