SZLRP v Minister for Immigration and Citizenship [2009] FCA 77

SZLRP v Minister for Immigration and Citizenship [2009] FCA 77

Leave to appeal was refused because the applicant gave no satisfactory basis showing that the Federal Magistrate erred in refusing to set aside the dismissal order. His explanation for non-appearance was simply that he forgot the correct hearing date after receiving notice, and he identified no matter capable of showing jurisdictional error in the Tribunal's decision. The Federal Magistrate's judgment was not shown to be attended with sufficient doubt, nor was substantial injustice shown.

Jurisdiction
Australia
Judgment Date
09 February 2009
Procedural Posture
Application for Leave to Appeal in Migration/refugee Judicial Review Proceedings / Federal Court Application for Leave to Appeal From a Federal Magistrates Court Judgment Refusing to Set Aside Dismissal of the Applicant's Application
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'leave to Appeal' 'dismissal for Non Appearance' 'setting Aside Orders']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'leave to Appeal' 'dismissal for Non Appearance' 'setting Aside Orders']

Case Brief

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Procedural Posture

Application for Leave to Appeal in Migration/refugee Judicial Review Proceedings / Federal Court Application for Leave to Appeal From a Federal Magistrates Court Judgment Refusing to Set Aside Dismissal of the Applicant's Application

Legal Issues

  1. 1 ['Whether the Notice of Appeal was competent without leave where the Federal Magistrates Court judgment was interlocutory.' 'Whether the Notice of Appeal should be treated as an application for leave to appeal under Order 52 rules 4 and 5 of the Federal Court Rules.' "Whether the Federal Magistrate's refusal to set aside the dismissal order was attended with sufficient doubt to warrant reconsideration and whether substantial injustice would result if leave were refused." 'Whether the applicant satisfactorily explained his failure to appear at the 21 July 2008 hearing.' "Whether the applicant identified an arguable jurisdictional error in the Tribunal's decision."]

Ratio Decidendi

Leave to appeal was refused because the applicant gave no satisfactory basis showing that the Federal Magistrate erred in refusing to set aside the dismissal order. His explanation for non-appearance was simply that he forgot the correct hearing date after receiving notice, and he identified no matter capable of showing jurisdictional error in the Tribunal's decision. The Federal Magistrate's judgment was not shown to be attended with sufficient doubt, nor was substantial injustice shown.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The Application for Leave to Appeal be dismissed.' "The Applicant pay the First Respondent's costs of the Application filed 3 November 2008."]