SZHLV v Minister for Immigration and Multicultural Affairs [2006] FCA 1756

SZHLV v Minister for Immigration and Multicultural Affairs [2006] FCA 1756

The Federal Magistrate's decision to dismiss the application for leave to apply for review as an abuse of process was correct and attended with no doubt, given the significant litigation history and the repeated applications.

Jurisdiction
Australia
Judgment Date
14 December 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['judicial Review of Migration Decisions' 'abuse of Process' 'leave to Apply for Review']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

  1. 1 ['Whether the Federal Magistrate erred in dismissing the application for leave to apply for review as an abuse of process' "Whether there was any doubt in the Federal Magistrate's decision"]

Ratio Decidendi

The Federal Magistrate's decision to dismiss the application for leave to apply for review as an abuse of process was correct and attended with no doubt, given the significant litigation history and the repeated applications.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs fixed in the sum of $1000."]