SZIKG v Minister for Immigration and Citizenship [2008] FCA 1013

SZIKG v Minister for Immigration and Citizenship [2008] FCA 1013

There was no demonstrable error in the Federal Magistrate’s decision, nor sufficient doubt to justify granting leave to appeal. The grounds relied on by the applicant had already been determined adversely to him and thus there was no justification for leave to appeal.

Jurisdiction
Australia
Judgment Date
18 June 2008
Procedural Posture
Application for Leave to Appeal / Final Judgment on Application for Leave
Outcome
Application dismissed
Legal Topics
['judicial Review' 'leave to Appeal' 'natural Justice' 'tribunal Procedures']
['migration Law' 'administrative Law'] ['judicial Review' 'leave to Appeal' 'natural Justice' 'tribunal Procedures']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave should be granted to appeal the dismissal of an application for judicial review of the Refugee Review Tribunal’s decision' 'Whether there was a failure by the Tribunal to comply with s 424A of the Migration Act 1958 (Cth)']

Ratio Decidendi

There was no demonstrable error in the Federal Magistrate’s decision, nor sufficient doubt to justify granting leave to appeal. The grounds relied on by the applicant had already been determined adversely to him and thus there was no justification for leave to appeal.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $840.00."]