DZAAM v Minister for Immigration and Citizenship [2013] FCA 128

DZAAM v Minister for Immigration and Citizenship [2013] FCA 128

There was no jurisdictional error or misapplication of the refugee test by the IMR in the consideration of country information and the assessment of risk; thus, there was no reasonable prospect of success in the appeal and the extension of time was refused.

Parties
Applicant: DZAAM; First Respondent: Minister for Immigration and Citizenship; Second Respondent: David Connolly in his capacity as Independent Merits Reviewer
Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Application for Extension of Time to Appeal / Determination of Extension of Time to Appeal and Summary Dismissal
Outcome
Application for extension of time to appeal refused.
Legal Topics
Protection Visas, Refugee Status, Jurisdictional Error, Judicial Review, Extension of Time to Appeal
Migration Law Administrative Law Protection Visas Refugee Status Jurisdictional Error Judicial Review Extension of Time to Appeal

Case Brief

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Parties

DZAAM

Applicant

Minister for Immigration and Citizenship

First Respondent

David Connolly in his capacity as Independent Merits Reviewer

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Extension of Time to Appeal and Summary Dismissal

Legal Issues

  1. 1 Whether the Independent Merits Reviewer misapplied the test for well-founded fear of persecution under the Refugees Convention
  2. 2 Whether the Federal Magistrate erred in not finding jurisdictional error in the IMR's assessment of risk or application of Convention grounds
  3. 3 Whether an extension of time to appeal should be granted where no merit is shown in the proposed grounds of appeal

Ratio Decidendi

There was no jurisdictional error or misapplication of the refugee test by the IMR in the consideration of country information and the assessment of risk; thus, there was no reasonable prospect of success in the appeal and the extension of time was refused.

Court Disposition

Application for extension of time to appeal refused.

Orders

  • The application for an extension of time to appeal is refused.
  • The applicant pay to the first respondent costs of the application, fixed at $6105.