SZLRX v Minister for Immigration and Citizenship [2008] FCA 1822

SZLRX v Minister for Immigration and Citizenship [2008] FCA 1822

The affidavit supporting the application for leave to appeal did not disclose any arguable ground of appeal or any error by the Registrar or the Federal Magistrate, so the proposed appeal was doomed to fail and leave was dismissed.

Jurisdiction
Australia
Judgment Date
14 November 2008
Procedural Posture
Application for Leave to Appeal / Federal Court Application for Leave to Appeal From a Judgment of the Federal Magistrates Court Dismissing an Application to Reinstate Proceedings
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Review' 'non Attendance at Hearing' 'dismissal Under Rule 13.03 A(c) of the Federal Magistrates Court Rules 2001 (cth)' 'reinstatement of Application' 'leave to Appeal']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal Review' 'non Attendance at Hearing' 'dismissal Under Rule 13.03 A(c) of the Federal Magistrates Court Rules 2001 (cth)' 'reinstatement of Application' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Federal Court Application for Leave to Appeal From a Judgment of the Federal Magistrates Court Dismissing an Application to Reinstate Proceedings

Legal Issues

  1. 1 ['Whether the applicant disclosed any arguable ground of appeal pointing to error by the Registrar or the Federal Magistrate.' 'Whether leave to appeal should be granted where the proposed appeal was doomed to fail.']

Ratio Decidendi

The affidavit supporting the application for leave to appeal did not disclose any arguable ground of appeal or any error by the Registrar or the Federal Magistrate, so the proposed appeal was doomed to fail and leave was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.']