SZIWO v Minister for Immigration & Multicultural Affairs [2006] FCA 1604

SZIWO v Minister for Immigration & Multicultural Affairs [2006] FCA 1604

No error of law or sufficient doubt attends the interlocutory judgment refusing review; the criteria for leave to appeal are not satisfied; application is dismissed with costs.

Parties
Applicant: SZIWO; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 November 2006
Procedural Posture
Application for Leave to Appeal / Judgment
Outcome
Application for leave to appeal refused with costs.
Legal Topics
Leave to Appeal, Review of Tribunal Decision, Procedural Fairness, Protection Visa
Administrative Law Migration Law Leave to Appeal Review of Tribunal Decision Procedural Fairness Protection Visa

Case Brief

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Parties

SZIWO

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment

Legal Issues

  1. 1 Whether leave to appeal from interlocutory judgment should be granted
  2. 2 Whether there was breach of s 424A or s 425 of the Migration Act 1958 (Cth)
  3. 3 Whether procedural fairness was denied

Ratio Decidendi

No error of law or sufficient doubt attends the interlocutory judgment refusing review; the criteria for leave to appeal are not satisfied; application is dismissed with costs.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs.