SZJCJ v Minister for Immigration and Citizenship [2007] FCA 376

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

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Procedural Posture

Appeal / Application for Leave to Appeal From Federal Magistrates Court Judgment

  1. 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.']