SZSSJ v Minister for Home Affairs [2019] FCA 1149

SZSSJ v Minister for Home Affairs [2019] FCA 1149

The judgment of the Federal Circuit Court was interlocutory in nature and did not directly affect the appellant's liberty. Leave to appeal was required but was not sought, rendering the appeal incompetent.

Jurisdiction
Australia
Judgment Date
23 July 2019
Procedural Posture
Appeal / Judgment on Competency of Appeal
Outcome
The appeal is dismissed as incompetent.
Legal Topics
['practice and Procedure' 'appeals' 'jurisdiction' 'immigration Detention']
['administrative Law' 'constitutional Law' 'human Rights Law'] ['practice and Procedure' 'appeals' 'jurisdiction' 'immigration Detention']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Competency of Appeal

Legal Issues

  1. 1 ['Whether judgment dismissing application for want of jurisdiction is interlocutory in nature' 'Whether leave to appeal is required' "Whether judgment affected appellant's liberty"]

Ratio Decidendi

The judgment of the Federal Circuit Court was interlocutory in nature and did not directly affect the appellant's liberty. Leave to appeal was required but was not sought, rendering the appeal incompetent.

Court Disposition

The appeal is dismissed as incompetent.

Orders

  • ['The appeal be dismissed as incompetent.' 'The appellant pay the costs of the respondent.']