SZTKW v Minister for Immigration and Border Protection [2014] FCA 1237

SZTKW v Minister for Immigration and Border Protection [2014] FCA 1237

Although the delay in filing was not great and would not itself have prevented an extension of time, the proposed appeal disclosed no appealable error in the primary judge's reasons. The allegation that evidence was ignored was unparticularised, the Tribunal complied with its hearing obligations and put the applicants on notice of determinative issues, and the complaint about s 36(2A) amounted to disagreement with the merits rather than jurisdictional error. Because leave to appeal was not warranted, there was no utility in extending time.

Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Migration Appeal From Judgment of the Federal Circuit Court of Australia; Application for Extension of Time and Leave to Appeal / Application for an Extension of Time to Seek Leave to Appeal From Dismissal of Judicial Review
Outcome
The application for an extension of time to seek leave to appeal was refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'significant Harm' 'procedural Fairness']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'significant Harm' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal From Judgment of the Federal Circuit Court of Australia; Application for Extension of Time and Leave to Appeal / Application for an Extension of Time to Seek Leave to Appeal From Dismissal of Judicial Review

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to seek leave to appeal.' 'Whether leave to appeal should be granted from an interlocutory decision of the Federal Circuit Court dismissing judicial review under r 44.12(1)(a) of the Federal Circuit Court Rules 2001.' 'Whether the proposed grounds disclosed appealable error by the primary judge in relation to alleged Tribunal failure to consider evidence or wrong application of s 36(2A) of the Migration Act 1958 (Cth).']

Ratio Decidendi

Although the delay in filing was not great and would not itself have prevented an extension of time, the proposed appeal disclosed no appealable error in the primary judge's reasons. The allegation that evidence was ignored was unparticularised, the Tribunal complied with its hearing obligations and put the applicants on notice of determinative issues, and the complaint about s 36(2A) amounted to disagreement with the merits rather than jurisdictional error. Because leave to appeal was not warranted, there was no utility in extending time.

Court Disposition

The application for an extension of time to seek leave to appeal was refused with costs.

Orders

  • ['The application for an extension of time to seek leave to appeal be refused.' "The applicants pay the first respondent's costs, as agreed or taxed."]