SZMAM v Minister for Immigration and Citizenship [2008] FCA 1287

SZMAM v Minister for Immigration and Citizenship [2008] FCA 1287

Leave to appeal was refused because the proposed grounds did not identify any jurisdictional error or error by the Federal Magistrates Court, the Federal Magistrates Court was clearly correct to dismiss the judicial review application as raising no arguable case, and granting leave would be futile.

Jurisdiction
Australia
Judgment Date
20 August 2008
Procedural Posture
Application for Leave to Appeal / Federal Court Application for Leave to Appeal From Dismissal of Federal Magistrates Court Judicial Review Application
Outcome
The application for leave to appeal is dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'leave to Appeal' 'interlocutory Decision' 'credibility Findings']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'leave to Appeal' 'interlocutory Decision' 'credibility Findings']

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Procedural Posture

Application for Leave to Appeal / Federal Court Application for Leave to Appeal From Dismissal of Federal Magistrates Court Judicial Review Application

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the Federal Magistrates Court dismissal of the judicial review application.' 'Whether the applicant identified any jurisdictional error by the Refugee Review Tribunal or error by the Federal Magistrates Court.' 'Whether the applicant had any basis to have his protection visa claims put again to the Refugee Review Tribunal.']

Ratio Decidendi

Leave to appeal was refused because the proposed grounds did not identify any jurisdictional error or error by the Federal Magistrates Court, the Federal Magistrates Court was clearly correct to dismiss the judicial review application as raising no arguable case, and granting leave would be futile.

Court Disposition

The application for leave to appeal is dismissed with costs.

Orders

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