SZLNQ v Minister for Immigration and Citizenship [2008] FCA 1695

SZLNQ v Minister for Immigration and Citizenship [2008] FCA 1695

Although leave to file the Notice of Appeal out of time was granted because the late filing was only one week, no prejudice was shown, and the appellant's affidavit suggested possible misleading information about the filing deadline, the appeal was dismissed because the grounds amounted to impermissible merits complaints, the allegation of bias was unsupported by evidence, and the remaining fairness and reasonableness grounds lacked particularity, evidence and submissions sufficient to show error by the Federal Magistrate or jurisdictional error in the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
11 November 2008
Procedural Posture
Migration Appeal From the Federal Magistrates Court Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Application for Leave to File and Serve a Notice of Appeal Out of Time and Hearing of Appeal
Outcome
Leave to file and serve the Notice of Appeal out of time granted; appeal dismissed with costs fixed at $2,300.00.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'procedural Fairness' 'jurisdictional Error' 'bias' 'merits Review']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'procedural Fairness' 'jurisdictional Error' 'bias' 'merits Review']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Magistrates Court Concerning Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Application for Leave to File and Serve a Notice of Appeal Out of Time and Hearing of Appeal

Legal Issues

  1. 1 ['Whether special reasons existed under Order 52 r 15(2) of the Federal Court Rules to grant leave to file and serve the Notice of Appeal out of time.' "Whether the appellant's grounds identified reviewable error in the Federal Magistrate's decision or merely sought merits review." 'Whether the Refugee Review Tribunal was affected by bias.' "Whether the Federal Magistrate failed to consider the appellant's application fairly or reasonably."]

Ratio Decidendi

Although leave to file the Notice of Appeal out of time was granted because the late filing was only one week, no prejudice was shown, and the appellant's affidavit suggested possible misleading information about the filing deadline, the appeal was dismissed because the grounds amounted to impermissible merits complaints, the allegation of bias was unsupported by evidence, and the remaining fairness and reasonableness grounds lacked particularity, evidence and submissions sufficient to show error by the Federal Magistrate or jurisdictional error in the Tribunal's decision.

Court Disposition

Leave to file and serve the Notice of Appeal out of time granted; appeal dismissed with costs fixed at $2,300.00.

Orders

  • ['The applicant/appellant have leave to file and serve a Notice of Appeal out-of-time but on or before 12 September 2008.' 'The appeal initiated by the filing and service of the said Notice of Appeal be heard on 11 November 2008.' 'The appeal be dismissed.' 'The appellant pay the costs of the first respondent, fixed...