SZHEW v Minister for Immigration and Citizenship [2007] FCA 243

SZHEW v Minister for Immigration and Citizenship [2007] FCA 243

Leave to appeal was refused because the applicant did not raise an arguable ground of appeal and no jurisdictional error was discerned. The Tribunal had considered the photocopy evidence and put the date contradiction to the applicant, and it was open to the Tribunal to give the evidence no weight. The allegations of lack of good faith or bias were unsupported. The Federal Magistrate was entitled to find the explanation for non-appearance unsatisfactory and to conclude that reinstatement would be futile because the substantive judicial review application had no reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Migration Application for Leave to Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal From Dismissal of Judicial Review Application for Non Appearance
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'non Appearance Dismissal' 'leave to Appeal' 'bad Faith' 'jurisdictional Error']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'non Appearance Dismissal' 'leave to Appeal' 'bad Faith' 'jurisdictional Error']

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Procedural Posture

Migration Application for Leave to Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal From Dismissal of Judicial Review Application for Non Appearance

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's refusal to reinstate a judicial review application dismissed for non-appearance under Federal Magistrates Court Rules 2001, r 13.03A(c)." 'Whether reinstatement would be futile because the substantive judicial review application had no reasonable prospects of success.' 'Whether the Refugee Review Tribunal failed to act bona fide or ignored important evidence, including a photocopy said to show the applicant with a Falun Gong badge.' "Whether any jurisdictional error was shown in the Tribunal's treatment of the applicant's claims and evidence."]

Ratio Decidendi

Leave to appeal was refused because the applicant did not raise an arguable ground of appeal and no jurisdictional error was discerned. The Tribunal had considered the photocopy evidence and put the date contradiction to the applicant, and it was open to the Tribunal to give the evidence no weight. The allegations of lack of good faith or bias were unsupported. The Federal Magistrate was entitled to find the explanation for non-appearance unsatisfactory and to conclude that reinstatement would be futile because the substantive judicial review application had no reasonable prospects of success.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The name of the First Respondent be amended to "Minister for Immigration and Citizenship".' 'The application for leave to appeal be dismissed.' "The Applicant pay the First Respondent's costs fixed at $1300.00."]