SZFYI v Minister for Immigration & Multicultural Affairs [2006] FCA 485

SZFYI v Minister for Immigration & Multicultural Affairs [2006] FCA 485

Leave to appeal was refused because the judgment below was interlocutory, the proposed appeal had no prospect of success and identified no arguable error, and, given the applicant's previous exhausted opportunities for judicial review, no substantial injustice would flow from refusing leave.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From a Federal Magistrates Court Judgment Dismissing an Application for Review as Incompetent
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'interlocutory Judgment' 'leave to Appeal' 'jurisdictional Error']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'interlocutory Judgment' 'leave to Appeal' 'jurisdictional Error']

Source-derived case record

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From a Federal Magistrates Court Judgment Dismissing an Application for Review as Incompetent

Legal Issues

  1. 1 ['Whether the Federal Magistrates Court judgment was interlocutory so that leave to appeal was required.' 'Whether the proposed appeal was attended with sufficient doubt to warrant reconsideration.' 'Whether substantial injustice would result if leave to appeal were refused.' "Whether the draft notice of appeal identified any arguable error in the Federal Magistrate's reasons or any jurisdictional error in the delegate's decision."]

Ratio Decidendi

Leave to appeal was refused because the judgment below was interlocutory, the proposed appeal had no prospect of success and identified no arguable error, and, given the applicant's previous exhausted opportunities for judicial review, no substantial injustice would flow from refusing leave.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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