Shorafa v Minister for Immigration & Multicultural Affairs [2002] FCA 191

Shorafa v Minister for Immigration & Multicultural Affairs [2002] FCA 191

The applicant failed to establish any ground of appeal with sufficient prima facie strength, as the Tribunal had found his claims did not relate to a Convention ground and that fact-finding was not capable of appeal. Accordingly, despite some factors favouring special reasons, the discretion was exercised against...

Source-derived case information.

Parties
Applicant: Mojahed Shorafa; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
04 February 2002
Procedural Posture
Application for Leave to Appeal / Application for Extension of Time to Appeal
Outcome
application dismissed
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Protection Visas, Immigration Detention
Migration Law Administrative Law Extension of Time to Appeal Leave to Appeal Protection Visas Immigration Detention

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mojahed Shorafa

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether there are special reasons under Order 52 rule 15(2) of the Federal Court Rules to grant an extension of time to appeal
  2. 2 Whether the applicant's proposed grounds of appeal have sufficient prima facie strength

Ratio Decidendi

The applicant failed to establish any ground of appeal with sufficient prima facie strength, as the Tribunal had found his claims did not relate to a Convention ground and that fact-finding was not capable of appeal. Accordingly, despite some factors favouring special reasons, the discretion was exercised against granting leave to appeal.

Court Disposition

application dismissed

Orders

  • The application for leave to file and serve a notice of appeal is dismissed.
  • The applicant pay the respondent's costs of the application.