SZJCJ v Minister for Immigration and Citizenship [2007] FCA 376
No arguable case exists for appeal; proposed grounds lack substance. Leave to appeal is refused as appeal would be futile.
- Jurisdiction
- Australia
- Judgment Date
- 06 March 2007
- Procedural Posture
- Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment
- Outcome
- Application for leave to appeal dismissed with costs
- Legal Topics
- ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'natural Justice' 'leave to Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment
Legal Issues
- 1 ['Whether leave to appeal should be granted' 'Whether the Refugee Review Tribunal committed jurisdictional error' 'Whether natural justice was breached in Tribunal proceedings']
Ratio Decidendi
No arguable case exists for appeal; proposed grounds lack substance. Leave to appeal is refused as appeal would be futile.
Court Disposition
Application for leave to appeal dismissed with costs
Orders
- ["The name of the first respondent be amended to 'Minister for Immigration and Citizenship'." 'The application be dismissed.' "The applicant pay the first respondent's costs of the proceeding." 'The amount of the costs referred to in order 3 be fixed at $1000.']
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