SZWBC v Minister for Immigration and Border Protection [2018] FCA 759

SZWBC v Minister for Immigration and Border Protection [2018] FCA 759

The application for an extension of time was dismissed because the proposed appeal had no ground likely to succeed. There was no basis to find actual or apprehended bias by the Federal Circuit Court judge, the Tribunal was entitled to use country information and did not unfairly rely on it, the Tribunal conducted its own detailed assessment of the first applicant's evidence rather than relying on previous decisions, and the transcript confirmed that the first applicant was given an opportunity to explain the delay in lodging his protection visa application.

Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Application for Extension of Time in Which to File and Serve an Application for Leave to Appeal / Federal Court Application Following Dismissal by the Federal Circuit Court of an Application for Review of a Refugee Review Tribunal Decision
Outcome
Application for an extension of time in which to file and serve an application for leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa' 'complementary Protection' 'procedural Fairness' 'bias' 'credibility Findings' 'country Information' 'federal Circuit Court Show Cause Dismissal']
['administrative Law' 'migration Law' 'federal Court Procedure'] ['extension of Time' 'leave to Appeal' 'protection Visa' 'complementary Protection' 'procedural Fairness' 'bias' 'credibility Findings' 'country Information' 'federal Circuit Court Show Cause Dismissal']

Case Brief

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Procedural Posture

Application for Extension of Time in Which to File and Serve an Application for Leave to Appeal / Federal Court Application Following Dismissal by the Federal Circuit Court of an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended to file and serve an application for leave to appeal.' 'Whether any proposed appeal had sufficient merit, including whether there was an arguable ground of review in connection with the Tribunal decision.' 'Whether the Federal Circuit Court judge was biased or denied fairness by requiring the first applicant to produce evidence.' 'Whether the Tribunal acted with procedural unfairness, bias, or reliance on previous Tribunal decisions rather than its own assessment.' 'Whether the Tribunal denied the first applicant an opportunity to explain the delay in applying for protection after arriving in Australia.']

Ratio Decidendi

The application for an extension of time was dismissed because the proposed appeal had no ground likely to succeed. There was no basis to find actual or apprehended bias by the Federal Circuit Court judge, the Tribunal was entitled to use country information and did not unfairly rely on it, the Tribunal conducted its own detailed assessment of the first applicant's evidence rather than relying on previous decisions, and the transcript confirmed that the first applicant was given an opportunity to explain the delay in lodging his protection visa application.

Court Disposition

Application for an extension of time in which to file and serve an application for leave to appeal dismissed with costs.

Orders

  • ['The application for an extension of time in which to file and serve an application for leave to appeal be dismissed with costs.']