SZLIO v Minister for Immigration and Citizenship [2007] FCA 1499

SZLIO v Minister for Immigration and Citizenship [2007] FCA 1499

Because the parties accepted that the applicant needed to bring forward a proper application, and because the position and powers of the Administrative Appeals Tribunal required clarification, the Court made no order other than to stand the matter over before the duty judge on 27 September 2007 at 10.15 am.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 September 2007
Procedural Posture
Migration; Protection Visa Review; Application Treated as Application for Leave to Appeal / Urgent Federal Court Hearing; Matter Stood Over Before the Duty Judge
Outcome
Matter stood over to 10.15 am on 27 September 2007 for hearing before the duty judge.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'administrative Appeals Tribunal' 'article 1 F of the Refugees Convention' 'leave to Appeal' 'interlocutory Orders' 'removal From Australia']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'administrative Appeals Tribunal' 'article 1 F of the Refugees Convention' 'leave to Appeal' 'interlocutory Orders' 'removal From Australia']

Source-derived case record

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Procedural Posture

Migration; Protection Visa Review; Application Treated as Application for Leave to Appeal / Urgent Federal Court Hearing; Matter Stood Over Before the Duty Judge

Legal Issues

  1. 1 ["Whether the proceeding, brought in effect as an appeal from the Federal Magistrate's decision, was competent or should be treated as an application for leave to appeal because the orders were interlocutory." 'Whether the applicant should have continuation of the orders made on 21 September 2007 to permit pursuit of review in the Administrative Appeals Tribunal.' 'Whether the Administrative Appeals Tribunal had power to deal with the matter and within what timeframe.']

Ratio Decidendi

Because the parties accepted that the applicant needed to bring forward a proper application, and because the position and powers of the Administrative Appeals Tribunal required clarification, the Court made no order other than to stand the matter over before the duty judge on 27 September 2007 at 10.15 am.

Court Disposition

Matter stood over to 10.15 am on 27 September 2007 for hearing before the duty judge.

Orders

  • ['The matter stand over to 10.15 am on 27 September 2007 for hearing before the duty judge.']