SZLRL v Minister for Immigration & Citizenship [2008] FCA 716

SZLRL v Minister for Immigration & Citizenship [2008] FCA 716

Leave to appeal was refused because there was no jurisdictional error, breach of procedural fairness or denial of natural justice in the Tribunal's and Federal Magistrates Court's decisions. The proposed grounds of appeal are broad generalisations unsupported by evidence, and the decisions are not attended by sufficient doubt to warrant reconsideration by the Full Court.

Jurisdiction
Australia
Judgment Date
20 May 2008
Procedural Posture
Migration Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision of Federal Magistrates Court
Outcome
Application for leave to appeal dismissed
Legal Topics
['leave to Appeal' 'interlocutory Decisions' 'procedural Fairness' 'natural Justice']
['migration Law'] ['leave to Appeal' 'interlocutory Decisions' 'procedural Fairness' 'natural Justice']

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Procedural Posture

Migration Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision of Federal Magistrates Court

Legal Issues

  1. 1 ['Whether leave to appeal from an interlocutory decision of the Federal Magistrates Court should be granted' 'Whether the Federal Magistrates Court erred in dismissing the application for review of the Refugee Review Tribunal decision' 'Whether there was jurisdictional error, breach of procedural fairness or denial of natural justice']

Ratio Decidendi

Leave to appeal was refused because there was no jurisdictional error, breach of procedural fairness or denial of natural justice in the Tribunal's and Federal Magistrates Court's decisions. The proposed grounds of appeal are broad generalisations unsupported by evidence, and the decisions are not attended by sufficient doubt to warrant reconsideration by the Full Court.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The Application for Leave to Appeal be dismissed.' 'The Applicant to pay the costs of the First Respondent fixed in the sum of $800.']