SZIPN v Minister for Immigration & Citizenship [2007] FCA 293

SZIPN v Minister for Immigration & Citizenship [2007] FCA 293

The applicant failed to establish the requisite doubt or substantial injustice required for leave to appeal; no demonstrated error in the Federal Magistrate’s decision; reinstatement was futile due to absence of reasonable prospects of success.

Parties
Appellant: SZIPN; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal From Federal Magistrate's Interlocutory Decision
Outcome
application for leave to appeal dismissed with costs
Legal Topics
Leave to Appeal, Procedural Fairness, Judicial Review, Costs, Interlocutory Appeal
Migration Law Leave to Appeal Procedural Fairness Judicial Review Costs Interlocutory Appeal

Case Brief

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Parties

SZIPN

Appellant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal From Federal Magistrate's Interlocutory Decision

Legal Issues

  1. 1 whether leave to appeal should be granted from the Federal Magistrate's interlocutory decision
  2. 2 whether the Tribunal denied the applicant procedural fairness
  3. 3 whether the reinstatement of the judicial review application would be futile due to lack of prospects

Ratio Decidendi

The applicant failed to establish the requisite doubt or substantial injustice required for leave to appeal; no demonstrated error in the Federal Magistrate’s decision; reinstatement was futile due to absence of reasonable prospects of success.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • The title of the first respondent be amended to 'Minister for Immigration and Citizenship'.
  • The application for leave to appeal from the decision of Federal Magistrate Scarlett of 27 November 2006 is dismissed with costs.