Trinh v Minister for Immigration & Citizenship [2008] FCA 299

Trinh v Minister for Immigration & Citizenship [2008] FCA 299

Leave to appeal was refused because there was no relevant distinction between the statutory provisions or facts of the present case and previous authority, and the application had no prospects of success.

Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Application for Leave to Appeal / Interlocutory Decision
Outcome
Application for leave to appeal refused
Legal Topics
['ministerial Intervention' 'judicial Review' 'application for Leave to Appeal']
['migration Law'] ['ministerial Intervention' 'judicial Review' 'application for Leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Interlocutory Decision

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the interlocutory decision refusing review of ministerial intervention under s 351 of the Migration Act 1958 (Cth)']

Ratio Decidendi

Leave to appeal was refused because there was no relevant distinction between the statutory provisions or facts of the present case and previous authority, and the application had no prospects of success.

Court Disposition

Application for leave to appeal refused

Orders

  • ['The Application for Leave to Appeal be refused.' 'The Applicant to pay the costs of the First Respondent in the sum of $1,800.']