SZUMD v Minister for Immigration and Border Protection [2015] FCA 840

SZUMD v Minister for Immigration and Border Protection [2015] FCA 840

The application for leave to appeal was dismissed because the proposed grounds did not identify any error by the primary judge and did not show that the primary judge's decision was attended by sufficient doubt; it was also dismissed because the applicant failed to appear at the hearing despite notice.

Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Application for Leave to Appeal From Dismissal of Application for Judicial Review of a Refugee Review Tribunal Decision / Application for Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed with costs fixed in the sum of $1,700.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'leave to Appeal' 'non Appearance' 'costs']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'leave to Appeal' 'non Appearance' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Dismissal of Application for Judicial Review of a Refugee Review Tribunal Decision / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's summary dismissal of the applicant's judicial review application." "Whether the proposed grounds of appeal identified any error by the primary judge or sufficient doubt in the primary judge's decision." "Whether the application for leave to appeal should be dismissed for the applicant's non-appearance at the hearing."]

Ratio Decidendi

The application for leave to appeal was dismissed because the proposed grounds did not identify any error by the primary judge and did not show that the primary judge's decision was attended by sufficient doubt; it was also dismissed because the applicant failed to appear at the hearing despite notice.

Court Disposition

Application for leave to appeal dismissed with costs fixed in the sum of $1,700.

Orders

  • ["The applicant's application for leave to appeal filed on 16 June 2015 is dismissed." "The applicant is to pay the first respondent's costs fixed in the sum of $1,700."]