SZHUE v Minister for Immigration and Citizenship [2007] FCA 2005

Because the Refugee Review Tribunal was correct to conclude that it had no jurisdiction to entertain the second application for review of the delegate's decision, the Federal Magistrate did not err in dismissing the matter under rule 44; the application for leave to appeal was therefore doomed to fail and was dismissed.

Jurisdiction: Australia
Judgment Date: 13 December 2007
Procedural Posture: Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome: Application dismissed.
Legal Topics: ['refugee Review Tribunal Jurisdiction' "review of Delegate's Decision" 'dismissal for No Arguable Case' 'leave to Appeal']

['immigration Law' 'administrative Law' 'appellate Procedure'] ['refugee Review Tribunal Jurisdiction' "review of Delegate's Decision" 'dismissal for No Arguable Case' 'leave to Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

1 ["Whether the Refugee Review Tribunal had jurisdiction to entertain a second application for review of the delegate's decision after it had already reviewed that decision." 'Whether the Federal Magistrate erred in dismissing the application under rule 44 because there was no arguable case for the relief claimed.' 'Whether leave to appeal should be granted.']

Ratio Decidendi

Court Disposition

Application dismissed.

Orders

['The application be dismissed.' "The applicant pay the Minister's costs fixed in the sum of $1000."]