SZGGS v Minister for Immigration and Multicultural Affairs [2006] FCA 1753

SZGGS v Minister for Immigration and Multicultural Affairs [2006] FCA 1753

The application was dismissed as no error by the Federal Magistrate was identified in the decision to dismiss the review application as an abuse of process; leave to appeal was not granted.

Parties
Applicant: SZGGS; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
14 December 2006
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
application dismissed
Legal Topics
Protection Visa, Review of Tribunal Decisions, Abuse of Process
Administrative Law Migration Law Protection Visa Review of Tribunal Decisions Abuse of Process

Case Brief

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Parties

SZGGS

Applicant

Minister for Immigration and Multicultural Affairs

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 leave to appeal should be granted regarding dismissal of an application to review Refugee Review Tribunal decision
  2. 2 Whether the Federal Magistrate erred in finding the application was an abuse of process

Ratio Decidendi

The application was dismissed as no error by the Federal Magistrate was identified in the decision to dismiss the review application as an abuse of process; leave to appeal was not granted.

Court Disposition

application dismissed

Orders

  • The application of 7 December 2006 be dismissed.
  • The applicant pay the first respondent's costs fixed in the sum of $300.