SZMIJ v Minister for Immigration & Citizenship [2009] FCA 124

SZMIJ v Minister for Immigration & Citizenship [2009] FCA 124

Leave to appeal was refused because the decision below was not attended with sufficient doubt to warrant reconsideration by the Court, and the applicant's chances of success were non-existent; no substantial injustice would result by refusing leave.

Jurisdiction
Australia
Judgment Date
23 February 2009
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Federal Magistrates Court Decision
Outcome
Application dismissed; costs awarded to the first respondent.
Legal Topics
['judicial Review' 'credibility Assessment' 'applications for Leave to Appeal' 'federal Magistrates Court Rules']
['administrative Law' 'immigration Law'] ['judicial Review' 'credibility Assessment' 'applications for Leave to Appeal' 'federal Magistrates Court Rules']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Federal Magistrates Court Decision

Legal Issues

  1. 1 ["Whether the Federal Magistrates Court erred in law in upholding the Tribunal's findings" "Whether the Tribunal's credibility findings were made in error" 'Whether leave to appeal should be granted']

Ratio Decidendi

Leave to appeal was refused because the decision below was not attended with sufficient doubt to warrant reconsideration by the Court, and the applicant's chances of success were non-existent; no substantial injustice would result by refusing leave.

Court Disposition

Application dismissed; costs awarded to the first respondent.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs."]