SZHIK v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 703

SZHIK v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 703

Leave to appeal was dismissed because the proposed appeal had no prospects of success and constituted an abuse of the Court's processes. The applicant had previously had his challenge to the Tribunal decision dismissed for non-attendance in 2000, provided no conceivable reason for that non-attendance, took no relevant steps for about five years, and sought only to re-agitate the merits of the original Tribunal decision.

Jurisdiction
Australia
Judgment Date
06 June 2006
Procedural Posture
Migration; Application for Leave to Appeal / Application for Leave to Appeal From a Judgment of a Federal Magistrate Dismissing Judicial Review Proceedings
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'abuse of Process' 'convention Nexus']
['migration Law' 'administrative Law'] ['protection Visa Refusal' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'abuse of Process' 'convention Nexus']

Case Brief

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Procedural Posture

Migration; Application for Leave to Appeal / Application for Leave to Appeal From a Judgment of a Federal Magistrate Dismissing Judicial Review Proceedings

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrate's dismissal of the judicial review application as an abuse of process." "Whether the applicant's renewed challenge to the Tribunal's 4 May 2000 decision had any reasonable prospect of success after the earlier Federal Court dismissal and lengthy delay." "Whether the Tribunal's finding that the applicant's claim lacked a Convention nexus could be impugned on the grounds advanced by the applicant."]

Ratio Decidendi

Leave to appeal was dismissed because the proposed appeal had no prospects of success and constituted an abuse of the Court's processes. The applicant had previously had his challenge to the Tribunal decision dismissed for non-attendance in 2000, provided no conceivable reason for that non-attendance, took no relevant steps for about five years, and sought only to re-agitate the merits of the original Tribunal decision.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the respondents' costs assessed at $600.00." 'The Registry of the Federal Court of Australia not accept for filing by or on behalf of the applicant any further process against the Minister without the prior leave in writing of a judge of this...