Applicant A408 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 714

Applicant A408 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 714

The applicant did not provide a satisfactory explanation for the delay in seeking leave to appeal and, in any event, the proposed appeal had no prospects of success because the alleged errors did not meet the basis on which the Tribunal rejected her claims, namely its adverse credibility findings, which were open on the inconsistencies in her claims.

Jurisdiction
Australia
Judgment Date
20 May 2004
Procedural Posture
Migration Judicial Review; Refugee Protection Visa Proceedings / Oral Application for Leave to Appeal Out of Time and Oral Application for Leave to Appeal From an Interlocutory Dismissal Order
Outcome
Application for leave to extend time refused; leave to appeal refused.
Legal Topics
['refugee Review Tribunal' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'interlocutory Order' 'credibility Findings']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['refugee Review Tribunal' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'interlocutory Order' 'credibility Findings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Judicial Review; Refugee Protection Visa Proceedings / Oral Application for Leave to Appeal Out of Time and Oral Application for Leave to Appeal From an Interlocutory Dismissal Order

Legal Issues

  1. 1 ['Whether time should be extended for filing a notice seeking leave to appeal from the interlocutory order dismissing the application.' 'Whether leave to appeal should be granted.' 'Whether the applicant identified arguable jurisdictional error in the Refugee Review Tribunal decision.']

Ratio Decidendi

The applicant did not provide a satisfactory explanation for the delay in seeking leave to appeal and, in any event, the proposed appeal had no prospects of success because the alleged errors did not meet the basis on which the Tribunal rejected her claims, namely its adverse credibility findings, which were open on the inconsistencies in her claims.

Court Disposition

Application for leave to extend time refused; leave to appeal refused.

Orders

  • ['The application for leave to extend time for filing a notice seeking leave to appeal is refused.' 'In any event leave to appeal is refused.' 'Unnecessary to make any order in relation to the application to file and serve a notice of appeal.' 'The applicant to pay the costs of the first respondent in action number...