SZUTZ v Minister for Immigration and Border Protection [2015] FCA 186

SZUTZ v Minister for Immigration and Border Protection [2015] FCA 186

The application for extension of time and leave to appeal was dismissed because (1) the applicants failed to identify any legal or factual error in the Tribunal's or the Federal Circuit Court's decisions, (2) the substantive application was wholly without merit, and (3) while the delay was acceptably explained and caused no prejudice to the respondent, the absence of merit in the grounds of appeal precluded granting the application.

Jurisdiction
Australia
Judgment Date
06 March 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'visa Refusal']
['migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'visa Refusal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time and leave to appeal against the Federal Circuit Court's interlocutory judgment refusing judicial review of a Refugee Review Tribunal decision."]

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because (1) the applicants failed to identify any legal or factual error in the Tribunal's or the Federal Circuit Court's decisions, (2) the substantive application was wholly without merit, and (3) while the delay was acceptably explained and caused no prejudice to the respondent, the absence of merit in the grounds of appeal precluded granting the application.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

  • ['The application for an extension of time and leave to appeal filed on 8 December 2014 be dismissed.' "The applicants pay the first respondent's costs."]