S1758 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 186

S1758 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 186

Although time was extended, the Applicant identified no matter casting doubt on the correctness of Emmett J's decision. The additional submission made to the Court would not have affected the outcome, and the Applicant's complaints sought merits review rather than demonstrating an arguable jurisdictional error or denial of procedural fairness. Leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
14 February 2006
Procedural Posture
Application for Leave to Appeal and Extension of Time in a Migration/protection Visa Matter / Application for Leave to Appeal From the Judgment of Emmett J Given on 9 November 2005
Outcome
The time for filing the application for leave to appeal was extended, the Refugee Review Tribunal was added as Second Respondent, and the application for leave to appeal was dismissed with costs fixed at $900.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'leave to Appeal' 'constitutional Writ Relief' 'procedural Fairness' 'jurisdictional Error' 'merits Review']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'leave to Appeal' 'constitutional Writ Relief' 'procedural Fairness' 'jurisdictional Error' 'merits Review']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Extension of Time in a Migration/protection Visa Matter / Application for Leave to Appeal From the Judgment of Emmett J Given on 9 November 2005

Legal Issues

  1. 1 ['Whether time should be extended for filing the application for leave to appeal from the judgment of Emmett J.' 'Whether the decision of Emmett J was attended with sufficient doubt to warrant reconsideration and whether substantial injustice would result if leave to appeal were refused.' 'Whether the material before Emmett J disclosed an arguable case for constitutional writ relief based on jurisdictional error by the Refugee Review Tribunal.' "Whether the Applicant's complaints amounted to an impermissible request for merits review."]

Ratio Decidendi

Although time was extended, the Applicant identified no matter casting doubt on the correctness of Emmett J's decision. The additional submission made to the Court would not have affected the outcome, and the Applicant's complaints sought merits review rather than demonstrating an arguable jurisdictional error or denial of procedural fairness. Leave to appeal was therefore refused.

Court Disposition

The time for filing the application for leave to appeal was extended, the Refugee Review Tribunal was added as Second Respondent, and the application for leave to appeal was dismissed with costs fixed at $900.

Orders

  • ['The Refugee Review Tribunal be added as a Second Respondent to the application for leave to appeal.' "The time for filing the Applicant's application for leave to appeal from the Judgment of Justice Emmett of 9 November 2005, be extended up to and including 29 November 2005." 'The application for leave to appeal...