SZGWC v Minister for Immigration & Multicultural Affairs [2006] FCA 81

SZGWC v Minister for Immigration & Multicultural Affairs [2006] FCA 81

The intended notice of appeal did not identify any error of the Federal Magistrate in a comprehensible way, the challenges to the Tribunal decision appeared hopeless, and there was no doubt as to the correctness of the Federal Magistrate's decision; accordingly leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
06 February 2006
Procedural Posture
Application for Leave to Appeal Against a Decision of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal and Extension of Time
Outcome
The Refugee Review Tribunal was joined as second respondent and the application for leave to appeal was dismissed with costs assessed at $800.
Legal Topics
['judicial Review' 'refugee Review Tribunal' 'leave to Appeal' 'extension of Time' 'costs']
['administrative Law' 'migration Law'] ['judicial Review' 'refugee Review Tribunal' 'leave to Appeal' 'extension of Time' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against a Decision of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether time should be extended for filing the application for leave to appeal.' 'Whether leave to appeal should be granted from the Federal Magistrates Court decision dismissing judicial review of the Refugee Review Tribunal decision.' "Whether the applicant's proposed appeal identified any comprehensible error by the Federal Magistrate." 'Whether a lawyer should be appointed for the applicant.']

Ratio Decidendi

The intended notice of appeal did not identify any error of the Federal Magistrate in a comprehensible way, the challenges to the Tribunal decision appeared hopeless, and there was no doubt as to the correctness of the Federal Magistrate's decision; accordingly leave to appeal was dismissed.

Court Disposition

The Refugee Review Tribunal was joined as second respondent and the application for leave to appeal was dismissed with costs assessed at $800.

Orders

  • ['The Refugee Review Tribunal be joined as the second respondent.' 'The application for leave be dismissed with costs assessed in the sum of $800.']