SZKMC v Minister for Immigration and Citizenship [2007] FCA 1737

SZKMC v Minister for Immigration and Citizenship [2007] FCA 1737

Leave to appeal was refused because the applicant did not identify any error by the Federal Magistrates Court and the proposed grounds did not provide any basis for finding jurisdictional error by the Tribunal. The Federal Magistrates Court had correctly concluded that no arguable case was disclosed, and there was no utility in granting leave because the appeal had no substance.

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

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Procedural Posture

Application for Leave to Appeal From Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrates Court's summary dismissal of the judicial review proceeding" 'Whether the applicant identified any jurisdictional error by the Refugee Review Tribunal' 'Whether there was any utility in granting leave to appeal']

Ratio Decidendi

Leave to appeal was refused because the applicant did not identify any error by the Federal Magistrates Court and the proposed grounds did not provide any basis for finding jurisdictional error by the Tribunal. The Federal Magistrates Court had correctly concluded that no arguable case was disclosed, and there was no utility in granting leave because the appeal had no substance.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs in the sum of $2,000."]