SZJJT v Minister for Immigration & Citizenship [2007] FCA 968

SZJJT v Minister for Immigration & Citizenship [2007] FCA 968

The application for leave to appeal was dismissed because the grounds before the Federal Magistrates Court disclosed no basis for judicial review, the applicant did not appear and had left Australia, and the material before the Federal Court showed no substance in the application such that leave would be refused.

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing a Judicial Review Proceeding Concerning a Protection Visa Decision / Federal Court Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'summary Dismissal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'summary Dismissal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing a Judicial Review Proceeding Concerning a Protection Visa Decision / Federal Court Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicant should be granted leave to appeal from the Federal Magistrates Court's summary dismissal of his judicial review proceeding." "Whether the material demonstrated any arguable basis for judicial review of the Refugee Review Tribunal's decision affirming refusal of a protection visa."]

Ratio Decidendi

The application for leave to appeal was dismissed because the grounds before the Federal Magistrates Court disclosed no basis for judicial review, the applicant did not appear and had left Australia, and the material before the Federal Court showed no substance in the application such that leave would be refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The name of the First Respondent be changed to Minister for Immigration and Citizenship.' 'The application for leave to appeal be dismissed.' "The Applicant pay the First Respondent's costs in the sum of $1200."]