SZHRQ v Minister for Immigration and Citizenship & Anor [2007] FCA 327
No error of law was identified in the Tribunal’s or Federal Magistrates Court's determinations; the appeal grounds put forward were factual rather than legal and could not sustain an appeal; the requirements for leave to appeal out of time were not satisfied.
- Jurisdiction
- Australia
- Judgment Date
- 08 March 2007
- Procedural Posture
- Appeal / Application for Leave to Appeal From Federal Magistrates Court Decision
- Outcome
- Application for leave to appeal dismissed with costs.
- Legal Topics
- ['refugee Status Determination' 'jurisdictional Error' 'leave to Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Leave to Appeal From Federal Magistrates Court Decision
Legal Issues
- 1 ["Whether any error of law was made by the Tribunal or Federal Magistrates Court in refusing the applicant's protection visa application" 'Whether grounds for leave to appeal out of time were established']
Ratio Decidendi
No error of law was identified in the Tribunal’s or Federal Magistrates Court's determinations; the appeal grounds put forward were factual rather than legal and could not sustain an appeal; the requirements for leave to appeal out of time were not satisfied.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- ["Amend the title of the first respondent to 'Minister for Immigration and Citizenship'." 'Application for leave to appeal dismissed with costs.']
Full Case Text
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