SZADO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1409

SZADO v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1409

The application was dismissed because, although the Tribunal seriously erred by relying on a colleague's opinion about likely punishment without giving the applicant an opportunity to be heard, the Tribunal ultimately decided that any punishment would be imposed for breach of military law and not for religion or any other Convention reason. The error therefore had no operative practical adverse consequence, the applicant had no arguable case for success on appeal, and there was no explanation for the very long delay.

Jurisdiction
Australia
Judgment Date
15 September 2005
Procedural Posture
Application Seeking an Extension of Time in Which to File and Serve a Notice of Appeal From a Judgment of the Federal Magistrates Court / Federal Court Application
Outcome
Application dismissed; extension of time or leave to appeal refused with costs.
Legal Topics
['extension of Time to Appeal' 'judicial Review of Refugee Review Tribunal Decision' 'natural Justice' 'migration Act 1958 (cth) S 424 A' 'refugee Convention Reasons' 'persecution' 'desertion From Army']
['migration Law' 'administrative Law' 'refugee Law'] ['extension of Time to Appeal' 'judicial Review of Refugee Review Tribunal Decision' 'natural Justice' 'migration Act 1958 (cth) S 424 A' 'refugee Convention Reasons' 'persecution' 'desertion From Army']

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Procedural Posture

Application Seeking an Extension of Time in Which to File and Serve a Notice of Appeal From a Judgment of the Federal Magistrates Court / Federal Court Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file and serve a notice of appeal from the Federal Magistrates Court judgment given on 16 July 2003.' "Whether the Refugee Review Tribunal's reliance on a colleague's opinion about likely punishment under military law amounted to a breach of s 424A of the Migration Act 1958 (Cth) or natural justice." 'Whether any Tribunal error had an operative practical adverse consequence for the applicant.' 'Whether the applicant had an arguable case for success on appeal despite the long unexplained delay.']

Ratio Decidendi

The application was dismissed because, although the Tribunal seriously erred by relying on a colleague's opinion about likely punishment without giving the applicant an opportunity to be heard, the Tribunal ultimately decided that any punishment would be imposed for breach of military law and not for religion or any other Convention reason. The error therefore had no operative practical adverse consequence, the applicant had no arguable case for success on appeal, and there was no explanation for the very long delay.

Court Disposition

Application dismissed; extension of time or leave to appeal refused with costs.

Orders

  • ['The Refugee Review Tribunal be joined as second respondent.' 'The application be dismissed.' 'The applicant pay the costs of the first respondent, assessed in the sum of $1,500.']