SZLAL v Minister for Immigration & Citizenship [2008] FCA 277

SZLAL v Minister for Immigration & Citizenship [2008] FCA 277

The grounds proposed by the applicants for leave to appeal were devoid of merit, as the alleged breach of s 424A was unsupported; the application was also out of time and there was no basis for granting an extension.

Parties
First Applicant: SZLAL; Second Applicant: SZLAM; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
Applications for leave to appeal dismissed
Legal Topics
Judicial Review, Leave to Appeal, Jurisdictional Error, Procedural Fairness
Administrative Law Immigration Law Judicial Review Leave to Appeal Jurisdictional Error Procedural Fairness

Case Brief

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Parties

SZLAL

First Applicant

SZLAM

Second Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether an extension of time to apply for leave to appeal should be granted
  2. 2 Whether the Federal Magistrate erred regarding obligations under s 424A of the Migration Act 1958 (Cth)
  3. 3 Whether a jurisdictional error occurred due to alleged nondisclosure of adverse information

Ratio Decidendi

The grounds proposed by the applicants for leave to appeal were devoid of merit, as the alleged breach of s 424A was unsupported; the application was also out of time and there was no basis for granting an extension.

Court Disposition

Applications for leave to appeal dismissed

Orders

  • The applications be dismissed.
  • The applicants pay the costs of the respondent Minister.