SZUMT v Minister for Immigration and Border Protection [2015] FCA 466

SZUMT v Minister for Immigration and Border Protection [2015] FCA 466

Leave to appeal was refused because the applicant did not file and serve a compliant draft notice of appeal, leaving no identified grounds by which to assess the merit of the proposed appeal, and even treating the leave grounds as appeal grounds, they did not show that the Federal Circuit Court erred or disclose any prospect of success.

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Application for Leave to Appeal / Federal Court Application for Leave to Appeal From Judgment and Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application for leave to appeal dismissed.
Legal Topics
['leave to Appeal' 'judicial Review' 'refugee Review Tribunal' 'jurisdictional Error' 'compliance With Appeal Rules']
['administrative Law' 'migration Law' 'civil Procedure'] ['leave to Appeal' 'judicial Review' 'refugee Review Tribunal' 'jurisdictional Error' 'compliance With Appeal Rules']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Federal Court Application for Leave to Appeal From Judgment and Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the applicant did not file and serve a compliant draft notice of appeal identifying grounds of appeal.' 'Whether the proposed grounds alleging Tribunal unreasonableness, failure to consider persecution and harm under Sec.91R of the Act, breach of statutory obligation, and legal and factual errors had any prospect of success.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not file and serve a compliant draft notice of appeal, leaving no identified grounds by which to assess the merit of the proposed appeal, and even treating the leave grounds as appeal grounds, they did not show that the Federal Circuit Court erred or disclose any prospect of success.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal filed 19 February 2015 be dismissed.' "The applicant pay the first respondent's costs as agreed or taxed."]