SZTOR v Minister for Immigration and Border Protection [2019] FCA 349

SZTOR v Minister for Immigration and Border Protection [2019] FCA 349

Given the substantial delay, inadequate explanation, and lack of reasonable prospects in the proposed appeal, the application for an extension of time to file a notice of appeal was dismissed.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Application for Extension of Time to File Appeal / Determination of Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'jurisdictional Error' 'migration Protection Visa' 'religious Conversion' 'evidentiary Foundations' 'costs']
['migration Law' 'administrative Law'] ['extension of Time' 'jurisdictional Error' 'migration Protection Visa' 'religious Conversion' 'evidentiary Foundations' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time to File Appeal / Determination of Application for Extension of Time

Legal Issues

  1. 1 ['Whether there was a satisfactory explanation for the delay in filing the notice of appeal' "Whether the Tribunal's adverse findings on credit were illogical or lacked adequate evidentiary foundation" 'Whether children/applicants had distinct refugee/complementary protection claims' 'Whether there was jurisdictional error in the handling of non-disclosure certificates under s 438 of the Migration Act']

Ratio Decidendi

Given the substantial delay, inadequate explanation, and lack of reasonable prospects in the proposed appeal, the application for an extension of time to file a notice of appeal was dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time within which to file a notice of appeal is dismissed.' "The applicants pay the first respondent's costs of the application."]