SZJOD v Minister for Immigration and Citizenship [2007] FCA 217

SZJOD v Minister for Immigration and Citizenship [2007] FCA 217

The application for leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in finding no error in the Tribunal's decision of 6 October 2006, and any appeal would be doomed to fail.

Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs fixed at $1500; first respondent's name amended to Minister for Immigration and Citizenship.
Legal Topics
['refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'abuse of Process']
['migration Law' 'administrative Law'] ['refugee Review Tribunal Jurisdiction' 'judicial Review' 'leave to Appeal' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrate's dismissal of the application for judicial review." "Whether the Federal Magistrate erred in concluding that there was no error apparent in the Refugee Review Tribunal's decision of 6 October 2006." 'Whether the proceeding was an abuse of process.']

Ratio Decidendi

The application for leave to appeal was dismissed because it was not apparent that the Federal Magistrate erred in finding no error in the Tribunal's decision of 6 October 2006, and any appeal would be doomed to fail.

Court Disposition

Application for leave to appeal dismissed with costs fixed at $1500; first respondent's name amended to Minister for Immigration and Citizenship.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1500." "The name of the first respondent be amended to the 'Minister for Immigration and Citizenship'."]