SZHGF v Minister for Immigration & Multicultural Affairs [2006] FCA 1502

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

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Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

  1. 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...