SZSLO v Minister for Immigration

The applicant, SZSLO, sought to set aside an earlier interlocutory order made by the Federal Circuit Court that dismissed their application for judicial review of a decision by the Refugee Review Tribunal. The Minister for Immigration was the respondent.

The central legal issue before the Court was whether the applicant had presented new grounds for their application that were sufficiently exceptional to warrant setting aside the previous dismissal order in the interests of justice, pursuant to Rule 16.05 of the Federal Circuit Court Rules.

Judge Emmett reasoned that the applicant had not demonstrated that the new grounds were capable of elevating their application to a level of exceptionality required to justify setting aside the interlocutory order. The Court found that the interests of justice did not require the dismissal to be set aside, and therefore, the application was refused.