SZOYW v Minister for Immigration and Citizenship [2011] FCA 873

SZOYW v Minister for Immigration and Citizenship [2011] FCA 873

The application for leave to appeal was dismissed. The applicant did not attend the hearing nor provide satisfactory evidence or explanation for his previous absences, and the grounds for appeal amounted only to seeking a merits review of the Tribunal's decision. The explanation for delay was inadequate and unsupported.

Parties
Applicant: SZOYW; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
03 August 2011
Procedural Posture
Application for Leave to Appeal / Judgment After Hearing of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Judicial Review, Leave to Appeal, Application for Protection Visa, Procedural Fairness, Costs
Migration Law Judicial Review Leave to Appeal Application for Protection Visa Procedural Fairness Costs

Case Brief

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Parties

SZOYW

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment After Hearing of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from the Federal Magistrate's interlocutory decision refusing to set aside earlier order for dismissal of judicial review application

Ratio Decidendi

The application for leave to appeal was dismissed. The applicant did not attend the hearing nor provide satisfactory evidence or explanation for his previous absences, and the grounds for appeal amounted only to seeking a merits review of the Tribunal's decision. The explanation for delay was inadequate and unsupported.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The Application for Leave to Appeal be dismissed.
  • The applicant pay the first respondent's costs of and incidental to the Application.