SZCID v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1334

SZCID v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1334

The application for an extension of time was refused because the draft notice of appeal stated only general grounds and particulars, was not directed to any specific error in Barnes FM's reasons or the Tribunal's reasons, and disclosed no arguable basis on which an appeal from the Federal Magistrates Court could succeed.

Jurisdiction
Australia
Judgment Date
14 September 2005
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal in a Migration Matter / Federal Court Application Following Dismissal by the Federal Magistrates Court of an Application for Constitutional Writ Relief From a Refugee Review Tribunal Decision
Outcome
Application for extension of time refused; application of 19 August 2005 dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal' 'well Founded Fear of Persecution' 'internal Relocation' 'procedural Fairness']
['migration Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal' 'well Founded Fear of Persecution' 'internal Relocation' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal in a Migration Matter / Federal Court Application Following Dismissal by the Federal Magistrates Court of an Application for Constitutional Writ Relief From a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended for the applicants to file and serve a notice of appeal from the Federal Magistrates Court decision.' 'Whether the proposed appeal disclosed any arguable ground that the Federal Magistrates Court erred in failing to find jurisdictional error by the Refugee Review Tribunal.' "Whether the Tribunal's reasoning about persecution, well-founded fear, cumulative harm, procedural fairness and relocation gave rise to an arguable jurisdictional error."]

Ratio Decidendi

The application for an extension of time was refused because the draft notice of appeal stated only general grounds and particulars, was not directed to any specific error in Barnes FM's reasons or the Tribunal's reasons, and disclosed no arguable basis on which an appeal from the Federal Magistrates Court could succeed.

Court Disposition

Application for extension of time refused; application of 19 August 2005 dismissed.

Orders

  • ['The application of 19 August 2005 be dismissed.' "The first and second applicants pay the Minister's costs."]