SZUUU v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2)

The applicant, SZUUU, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT had previously found that it lacked jurisdiction to hear the applicant's case because the Minister's delegate's decision had already been the subject of a prior review. The applicant subsequently filed a show cause application, which was summarily dismissed by the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant's show cause application had any prospect of success, given the AAT's prior jurisdictional finding. This required the Court to consider the implications of the AAT's determination that it lacked jurisdiction and whether any grounds existed to challenge that finding or the subsequent dismissal of the show cause application.

Judge Driver dismissed the application, finding that there was no reasonable prospect of success. The Court applied the principles governing summary dismissal of applications, which require the applicant to demonstrate a real prospect of success. In this instance, the Court concluded that the applicant had failed to establish any such prospect, particularly in light of the AAT's prior finding of a lack of jurisdiction. Consequently, the Court ordered the dismissal of the application and awarded costs to the first respondent.