SZIXK v Minister for Immigration and Citizenship & Anor [2007] FCA 143

SZIXK v Minister for Immigration and Citizenship & Anor [2007] FCA 143

The application was refused because the Federal Magistrate's decision dismissing the judicial review application as raising no arguable case was not attended with sufficient doubt to warrant reconsideration, and there was no prospect that the applicant could succeed on the grounds relied on if leave to appeal were granted.

Jurisdiction
Australia
Judgment Date
16 February 2007
Procedural Posture
Migration Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal From an Interlocutory Decision Dismissing an Application for Judicial Review Under R 44.12(1)(a)
Outcome
Application refused with costs fixed at $1,000.00.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'no Arguable Case' 'migration Act 1958 (cth) S 424 A']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'no Arguable Case' 'migration Act 1958 (cth) S 424 A']

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Procedural Posture

Migration Appeal From the Federal Magistrates Court of Australia / Application for Leave to Appeal From an Interlocutory Decision Dismissing an Application for Judicial Review Under R 44.12(1)(a)

Legal Issues

  1. 1 ["Whether leave to appeal was required because the Federal Magistrate's order under r 44.12(1)(a) was interlocutory." "Whether the Federal Magistrate's decision was attended with sufficient doubt to warrant reconsideration by the Court." 'Whether the applicant had any prospect of success on the proposed grounds of appeal.']

Ratio Decidendi

The application was refused because the Federal Magistrate's decision dismissing the judicial review application as raising no arguable case was not attended with sufficient doubt to warrant reconsideration, and there was no prospect that the applicant could succeed on the grounds relied on if leave to appeal were granted.

Court Disposition

Application refused with costs fixed at $1,000.00.

Orders

  • ['The title of the first respondent be changed to Minister for Immigration and Citizenship.' 'The application be refused with costs fixed at $1,000.00']