SZMBG v Minister for Immigration & Citizenship [2008] FCA 1243

The application for leave to appeal was dismissed because the draft notice of appeal failed to identify any error of law, no arguable case was presented orally, and the original judgment disclosed no jurisdictional error or injustice from refusal of leave.

Parties: Applicant: SZMBG; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction: Australia
Judgment Date: 14 August 2008
Procedural Posture: Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment
Outcome: Application for leave to appeal dismissed with costs.
Legal Topics: Refugee Status Determination, Review of Tribunal Decisions, Jurisdictional Error, Leave to Appeal

Administrative Law Immigration Law Refugee Status Determination Review of Tribunal Decisions Jurisdictional Error Leave to Appeal

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Parties

SZMBG

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment

Legal Issues

1 Whether the Tribunal's decision involved a jurisdictional error
2 Whether the grounds for leave to appeal disclosed any error of law

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

The application for leave to appeal is dismissed.
The applicant pay the first respondent's costs of the application for leave to appeal, fixed at $800.