SZKHI v Minister for Immigration & Citizenship [2008] FCA 1596

SZKHI v Minister for Immigration & Citizenship [2008] FCA 1596

The application for leave to appeal must be refused because the applicants failed to show any doubt about the correctness of the summary dismissal below and will suffer no injustice, having already had their claims examined by the Federal Magistrates Court, Federal Court, and High Court. The underlying application was out of time and an abuse of process, and dismissal was correct and may be upheld either on the basis of incompetence (out of time) or abuse of process (res judicata).

Jurisdiction
Australia
Judgment Date
15 October 2008
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Summary Dismissal of Judicial Review Application
Outcome
Application for leave to appeal refused with costs
Legal Topics
['judicial Review' 'application Out of Time' 'res Judicata' 'abuse of Process' 'appeals']
['migration Law' 'administrative Law'] ['judicial Review' 'application Out of Time' 'res Judicata' 'abuse of Process' 'appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Summary Dismissal of Judicial Review Application

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Magistrates Court's summary dismissal of a judicial review application" 'Whether the application was incompetent as out of time under s 477(1) of the Migration Act 1958 (Cth)' 'Whether the application was an abuse of process or res judicata']

Ratio Decidendi

The application for leave to appeal must be refused because the applicants failed to show any doubt about the correctness of the summary dismissal below and will suffer no injustice, having already had their claims examined by the Federal Magistrates Court, Federal Court, and High Court. The underlying application was out of time and an abuse of process, and dismissal was correct and may be upheld either on the basis of incompetence (out of time) or abuse of process (res judicata).

Court Disposition

Application for leave to appeal refused with costs

Orders

  • ['The application for leave to appeal be refused.' "The applicants pay the first respondent's costs of the application."]