SZSSZ v Minister for Immigration and Border Protection [2019] FCA 260

SZSSZ v Minister for Immigration and Border Protection [2019] FCA 260

The application was refused because no error was shown in the primary judge's conclusion that the applicants' third protection visa application was barred by s 48A of the Migration Act 1958 (Cth) unless the Minister lifted the bar under s 48B, which had not occurred, and because, on the authority of SZSSJ, the Departmental refusal to refer the request for ministerial intervention was not a decision under an enactment and was not within the Federal Circuit Court's jurisdiction. The proposed appeal therefore had no sufficient basis or reasonable prospects.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application in the Federal Court for an Extension of Time in Which to File and Serve an Application for Leave to Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review
Outcome
Application for an extension of time in which to file and serve an application for leave to appeal refused with costs.
Legal Topics
['protection Visa Applications' 'statutory Bar on Further Protection Visa Applications' 'ministerial Intervention' 'federal Circuit Court Jurisdiction' 'extension of Time' 'leave to Appeal' 'procedural Fairness']
['migration Law' 'administrative Law' 'judicial Review'] ['protection Visa Applications' 'statutory Bar on Further Protection Visa Applications' 'ministerial Intervention' 'federal Circuit Court Jurisdiction' 'extension of Time' 'leave to Appeal' 'procedural Fairness']

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application in the Federal Court for an Extension of Time in Which to File and Serve an Application for Leave to Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file and serve an application for leave to appeal.' "Whether the primary judge erred in finding that the applicants' third protection visa application was invalid by reason of s 48A of the Migration Act 1958 (Cth)." "Whether the Federal Circuit Court had jurisdiction in relation to the Department's decision not to refer requests for ministerial intervention to the Minister." 'Whether any arguable error or reasonable prospects of success were shown.']

Ratio Decidendi

The application was refused because no error was shown in the primary judge's conclusion that the applicants' third protection visa application was barred by s 48A of the Migration Act 1958 (Cth) unless the Minister lifted the bar under s 48B, which had not occurred, and because, on the authority of SZSSJ, the Departmental refusal to refer the request for ministerial intervention was not a decision under an enactment and was not within the Federal Circuit Court's jurisdiction. The proposed appeal therefore had no sufficient basis or reasonable prospects.

Court Disposition

Application for an extension of time in which to file and serve an application for leave to appeal refused with costs.

Orders

  • ['The application for an extension of time in which to file and serve an application for leave to appeal is refused with costs.']