SZHGF v Minister for Immigration & Multicultural Affairs [2006] FCA 1502
The grounds of appeal were unparticularised and unsupported, and the proceedings were found to have no reasonable prospect of success—thus, leave to appeal was refused and an order made preventing further applications without leave.
- Jurisdiction
- Australia
- Judgment Date
- 07 November 2006
- Procedural Posture
- Application for Leave to Appeal / Judgment on Application for Leave to Appeal
- Outcome
- application for leave to appeal dismissed
- Legal Topics
- ['protection Visa' 'jurisdictional Error' 'procedural Fairness' 'abuse of Process']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Legal Issues
- 1 ['Whether the Federal Magistrates Court erred in dismissing the review application' 'Whether there was a breach of natural justice or procedural fairness' 'Whether the decision was an improper exercise of power']
Ratio Decidendi
The grounds of appeal were unparticularised and unsupported, and the proceedings were found to have no reasonable prospect of success—thus, leave to appeal was refused and an order made preventing further applications without leave.
Court Disposition
application for leave to appeal dismissed
Orders
- ['The application for leave to appeal from a judgment of the Federal Magistrates Court delivered on 26 July 2006 be dismissed.' "The applicant pay the first respondent's costs of the application." 'The Registry of this Court refuse to accept any further application for review of the decision of the delegate of the...
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