SZUIU v Minister for Immigration and Border Protection [2015] FCA 791

SZUIU v Minister for Immigration and Border Protection [2015] FCA 791

The extension of time was refused because, although the 19 day delay caused no prejudice to the Minister, the explanation for delay was inadequate and the proposed appeal had no merit. The proposed ground repeated claims that the Tribunal had accepted, did not identify jurisdictional error, and at most challenged the merits. The Tribunal had considered the complementary protection claim, including relocation within China, and its findings were open on the evidence; the primary judge made no appellable error in dismissing the judicial review application.

Jurisdiction
Australia
Judgment Date
04 August 2015
Procedural Posture
Migration Application for Extension of Time to File a Notice of Appeal / Application for Extension of Time From a Federal Circuit Court Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application dismissed with costs.
Legal Topics
['protection (class Xa) Visa' 'complementary Protection' 'relocation Within Country of Nationality' 'extension of Time to Appeal' 'jurisdictional Error' 'judicial Review']
['migration' 'administrative Law'] ['protection (class Xa) Visa' 'complementary Protection' 'relocation Within Country of Nationality' 'extension of Time to Appeal' 'jurisdictional Error' 'judicial Review']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File a Notice of Appeal / Application for Extension of Time From a Federal Circuit Court Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a notice of appeal from the Federal Circuit Court judgment.' 'Whether the proposed ground of appeal disclosed jurisdictional error by the Tribunal or appellable error by the primary judge.' "Whether the Tribunal failed to take the applicants' claims into account in assessing refugee status or complementary protection."]

Ratio Decidendi

The extension of time was refused because, although the 19 day delay caused no prejudice to the Minister, the explanation for delay was inadequate and the proposed appeal had no merit. The proposed ground repeated claims that the Tribunal had accepted, did not identify jurisdictional error, and at most challenged the merits. The Tribunal had considered the complementary protection claim, including relocation within China, and its findings were open on the evidence; the primary judge made no appellable error in dismissing the judicial review application.

Court Disposition

Application dismissed with costs.

Orders

  • ['The name of the second respondent be changed so as to read "Administrative Appeals Tribunal".' 'The application be dismissed.' "The applicants pay the first respondent's costs, as agreed or taxed."]