SZHAW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1657
There was no case established for thinking there would be any bona fide ground of appeal if leave were granted, and the application amounts to an abuse of the process of the Court. Application for leave is dismissed.
- Parties
- Applicant: SZHAW; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 14 November 2005
- Procedural Posture
- Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Abuse of Process, Leave to Appeal, Delay in Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
SZHAW
Applicant
Minister for Immigration and Multicultural and Indigenous Affairs
First Respondent
Refugee Review Tribunal
Second Respondent
Procedural Posture
Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment
Legal Issues
- 1 Whether there is an appealable error in the decision of the Federal Magistrate
- 2 Whether leave to appeal should be granted
- 3 Whether the application amounts to an abuse of court process
Ratio Decidendi
There was no case established for thinking there would be any bona fide ground of appeal if leave were granted, and the application amounts to an abuse of the process of the Court. Application for leave is dismissed.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave dismissed
- Applicant to pay the first respondent's costs fixed at $1,000.00
Full Case Text
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