SZFNW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1729

SZFNW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1729

Leave to appeal was refused because the applicant's materials and submissions disclosed no arguable jurisdictional error by the Refugee Review Tribunal, the Federal Magistrate was plainly correct to find no reasonable cause of action and no relevant s 424A issue, and the proposed appeal appeared doomed to fail.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 November 2005
Procedural Posture
Application for Leave to Appeal in Migration Judicial Review Proceedings / Leave to Appeal From Orders of Federal Magistrate Nicholls Dismissing the Judicial Review Application Under Rule 13.10(a) of the Federal Magistrates Court Rules
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'summary Dismissal' 'leave to Appeal' 'migration Act S 424 A']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'summary Dismissal' 'leave to Appeal' 'migration Act S 424 A']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal in Migration Judicial Review Proceedings / Leave to Appeal From Orders of Federal Magistrate Nicholls Dismissing the Judicial Review Application Under Rule 13.10(a) of the Federal Magistrates Court Rules

Legal Issues

  1. 1 ["Whether the Federal Magistrate erred in summarily dismissing the applicant's judicial review application as disclosing no reasonable cause of action." "Whether the applicant's original or amended application identified any jurisdictional error in the decision of the Refugee Review Tribunal." 'Whether any issue arose under s 424A of the Migration Act.' 'Whether further time should have been given to the applicant to obtain a lawyer.']

Ratio Decidendi

Leave to appeal was refused because the applicant's materials and submissions disclosed no arguable jurisdictional error by the Refugee Review Tribunal, the Federal Magistrate was plainly correct to find no reasonable cause of action and no relevant s 424A issue, and the proposed appeal appeared doomed to fail.

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 respondent's costs."]