SZVCP v Minister for Immigration and Border Protection [2016] FCA 1408

Leave to appeal from the challenged interlocutory decisions is refused because no substantial injustice or sufficient doubt was demonstrated. The challenged decisions, including refusal of pro bono referral, refusal to disqualify, and order for appearance by video link, were discretionary procedural decisions and no error or prejudice was shown.

Jurisdiction: Australia
Judgment Date: 25 November 2016
Procedural Posture: Application for Leave to Appeal / Judgment on Leave to Appeal
Outcome: Applications for leave to appeal dismissed
Legal Topics: ['leave to Appeal' 'disqualification of Judge' 'pro Bono Referral' 'video Link Attendance' 'procedural Fairness']

['administrative Law' 'practice and Procedure' 'human Rights'] ['leave to Appeal' 'disqualification of Judge' 'pro Bono Referral' 'video Link Attendance' 'procedural Fairness']

Case Brief

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

Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal

Legal Issues

1 ['Whether leave to appeal should be granted for interlocutory decisions' 'Whether refusal of order for pro bono referral is reviewable on appeal' 'Whether refusal to disqualify the judge was in error' 'Whether order for attendance by video link unjustly prejudiced applicant']

Ratio Decidendi

Court Disposition

Applications for leave to appeal dismissed

Orders

['The Applications for leave to appeal are dismissed.' 'The Applicant is to pay the costs of the Respondent Minister.']