SZIIG v Minister for Immigration and Citizenship [2008] FCA 886

The application was dismissed because the Tribunal had no jurisdiction to review the delegate's 2001 decision after prior reviews and judicial determinations, and the applicant's further challenge was an abuse of process with no prospect of success.

Jurisdiction: Australia
Judgment Date: 08 May 2008
Procedural Posture: Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome: Application for leave to appeal dismissed.
Legal Topics: ['leave to Appeal' 'review of Refugee Review Tribunal Decision' 'abuse of Process' 'jurisdiction']

['migration'] ['leave to Appeal' 'review of Refugee Review Tribunal Decision' 'abuse of Process' 'jurisdiction']

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Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

1 ["Whether the Refugee Review Tribunal had jurisdiction to review the delegate's decision from 2001 after previous proceedings" "Whether the applicant's new application was an abuse of court process"]

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed.

Orders

['The application for leave to appeal is dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1,200." 'The applicant file no further proceedings in this Court in respect of reviewing the decision of the delegate of the first respondent made on 31 May 2001 or any decision of the second...