SZHYJ v Minister for Immigration and Multicultural Affairs [2006] FCA 1161

SZHYJ v Minister for Immigration and Multicultural Affairs [2006] FCA 1161

It is not arguable that the decision of the Magistrate was wrong or that the Tribunal's process involved jurisdictional error. The application for leave to appeal is dismissed.

Parties
Applicant: SZHYJ; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 August 2006
Procedural Posture
Application for Leave to Appeal / Final Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Leave to Appeal
Migration Law Protection Visa Jurisdictional Error Leave to Appeal

Case Brief

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Parties

SZHYJ

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Magistrate's decision involved jurisdictional error
  2. 2 Whether the applicant is entitled to a protection visa

Ratio Decidendi

It is not arguable that the decision of the Magistrate was wrong or that the Tribunal's process involved jurisdictional error. The application for leave to appeal is dismissed.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the first respondent's costs, fixed in the sum of $1200.